Third Time's The Charm: Ohio Upholds Tort Reform Employment Intentional Tort Statute
In a pair of decisions released on March 23, the Supreme Court of Ohio upheld RC 2745.01, which requires a showing of deliberate intent to make out a case of employment intentional tort for claims arising on and after April 7, 2005. This will make proof of employment intentional tort considerably more difficult in Ohio than under the prior standard, which required only a showing of knowledge of “substantial certainty” of injury. This ruling from the Supreme Court of Ohio is also notable in light of the Court’s prior decisions, striking down two prior tort reform efforts in this area. The two opinions, Stetter v. R.J. Corman Derailment Servs, LLC and Kaminsky v. Metal and Wire Prods Co., are available here.
