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information is provided courtesy of the Ohio Workers'
Compensation Bulletin. For information about the Bulletin
click
here.
Intentional
Tort Statute Declared Unconstitutional
In Johnson v. BP Chemicals
(11/18/97), Allen No. 1-97-32, the Third Appellate District has ruled
the Ohio Intentional Tort statute, R.C. 2745.01 unconstitutional.
Johnson involves a claim against the BP
Chemical facility in Lima. An employee of BP was injured due to spray
heads which failed. The employee contends that the employer was aware
of a dangerous condition which led to the injury, and failed to take
safeguards.
The Court of Common Pleas dismissed the claim for
failure to establish an intentional tort under the statutory definition.
The Court of Appeals reversed the Common Pleas Court.
The Court of Appeals says that the intentional tort
statute (R.C. 2745.01) violates Equal Protection. The statute provides
a higher standard for an employment intentional tort -- an employment
intentional tort exists under the statute only if there is proof by
"clear and convincing" evidence that the employer "deliberately and
intentionally" injured the employee.
The Court says (1) no legitimate government interest
exists for different treatment of victims who are employees and victims
who are not employees; (2) there is no legitimate government interest
for imposing a higher burden of proof.
The Court ovserves that there is no legitimate interest
in restricting a victims recovery based on his employment status. The
Court notes that to require "deliberate and intentional acts" proven by
"clear and convincing evidence" creates a virtually insurmountable
obstacle for victims.
Note: On April 14, 1999, the Ohio Supreme Court
declared the employment intentional tort statute unconstitutional in Johnson
v. BP Chemicals. To read a summary of the Supreme Court's
decision, click here.
Before the Supreme Court's decision, the First and Fifth
District Courts of Appeals had also declared the intentional tort
statute unconstitutional. Summaries of those decisions are also
available:
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