Engel v. University of Toledo College of Medicine, 130 Ohio St. 3d 263

Dr. Marek Skoskiewicz practices surgery at a private hospital (Henry County Hospital) unaffiliated with the College of Medicine.
Since 1995, he has served as a volunteer clinical faculty member of the University of Toledo College of Medicine.
Engel sued Skoskiewicz for medical malpractice for surgeries performed at Henry County Hospital in 2005.
Engel sought personal immunity under R.C. 9.86, alleging Skoskiewicz was a state officer or employee at the time of the surgeries.
The Court of Claims initially held Skoskiewicz was a state employee entitled to immunity; the 10th District affirmed; this Court granted discretionary review.
The Supreme Court held that Skoskiewicz was not a state employee or officer, hence not entitled to R.C. 9.86 immunity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is Skoskiewicz a state employee under R.C. 109.36(A)(1)(a)?	Engel argues he is a state employee	College of Medicine argues he is not a state employee	No; Skoskiewicz is not a state employee
Did Skoskiewicz hold a state office or position under R.C. 109.36(A)(1)(a)?	Appointment as volunteer faculty suggests an office/position	No sovereign duties; no state office or position	Not an appointed state office or position

Theobald v. Univ. of Cincinnati, 111 Ohio St.3d 541 (2006) (two-part immunity analysis; first determine if officer or employee)
State ex rel. Newman v. Skinner, 128 Ohio St.325 (1934) (public officer vs. employee; sovereign functions required for office)
State ex rel. Sanquily v. Lucas Cty. Court of Common Pleas, 60 Ohio St.3d 78 (1991) (recognizes physician as state employee under certain circumstances)
Walton v. State Dept. of Health, 162 Ohio App.3d 65 (2005) (state lacks control over physician; immunity considerations)
Engel v. Univ. of Toledo College of Medicine, 184 Ohio App.3d 669 (2009) (prior appellate analysis on state employee status; distinction of control and payments)