Injury Cases: Fellow Servant Rule (Court of Appeals)

Ohio Workers’ Compensation Decisions
(Court of Appeals)

Injury: Fellow Servant Rule

Select the case name to read the decision on the Ohio Supreme Court’s web site. For other issues, see our topic index to Ohio workers’ compensation decisions.

Alexander v. Boston (5/13/15)

Trial court improperly found fellow servant rule applied based solely on plaintiff’s receipt of workers’ compensation benefits because issue exists regarding whether defendant’s actions occurred “in the course of, and arising out of” his employment.

Vote: 3-0
Opinion by: Judge Moore
Appellate District: 9

Alexander v. Boston (11/2/16)

Fellow servant rule applied to prevent negligence suit against co-worker based on injury caused by accident in parking lot immediately outside place of employment during lunch break because accident occurred in the course of, and arising out of, employment.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Whitmore
Appellate District:
9

Moore v. Phillips (4/14/05)

Fellow servant rule bars employees who were injured while traveling from pursuing tort claim against co-employee who drove car.

Vote: 3-0
Opinion by: Judge Dyke
Appellate District: 8