Posted: December, 1998
Intentional Tort Statute Declared Unconstitutional
Yoder v. Greensteel Corp. (11/23/98), Stark App. No. 1998CA-106.Note: On April 14, 1999, the Ohio Supreme Court declared the employment intentional tort statute unconstitutional in Johnson v. BP Chemicals.
Issue: Is R.C. 2745.01, the employment intentional tort statute, constitutional?
Background: 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.
Decision: 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.
Editor’s Comment: The Third and First District Courts of Appeals have also declared the intentional tort statute unconstitutional:
- First District: Richey v. Johnson & Harden Co. (7/17/98), Hamilton No. C-970767.
- Third District: Johnson v. BP Chemicals (11/18/97), Allen No. 1-97-32.
This information was provided courtesy
of the Ohio
Workers'
Compensation Bulletin.