Intentional Tort Statute Declared Unconstitutional

Intentional Tort Statute Declared Unconstitutional

Posted: December, 1998

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:

Information courtesy of the Ohio Workers’ Compensation Bulletin. Subscribe to the Ohio Workers’ Compensation Bulletin to keep informed about the Ohio workers’ compensation system.