| The following
information is provided courtesy of the Ohio Workers'
Compensation Bulletin. For information about the Bulletin
click
here.
Intentional
Tort Statute Declared Unconstitutional
Yoder v. Greensteel Corp. (11/23/98),
Stark App. No. 1998CA-106
SITUATION: Yoder was severely injured when his
hand was pulled into a roller. His injury occurred when he was cleaning
the roller, pursuant to instructions that required employees to bypass
a "kill" switch, and clean the roller while it was running.
As a result of his injury, Yoder filed an intentional
tort case. The trial court granted summary judgment for the employer.
STATUS: Court of Appeals reverses and remands,
finding R.C. 2745.01 to be unconstitutional.
The Court finds the statute unconstitutional based on a
previous Ohio Supreme Court decision, Brady v. Safety-Kleen.
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 Third and First
District Courts of Appeals had also declared the intentional tort
statute unconstitutional. Summaries of those decisions are also
available:
|
