2023 Ohio 3912
Ohio Ct. App.2023Background
- On October 11, 2020, Brandon Moneyham was shot and fatally wounded by Marquan Cook. Plaintiffs allege Cook was on post-release control, supervised by parole officer Heather Davis-Head, lived at Volunteers of America (VOA) reentry program, and wore an ankle monitor installed/monitored by Sentinel employee Frank Wyatt.
- Plaintiffs (administrator of the estate and a family member) filed suit on October 17, 2022, asserting ten counts including wrongful death (against VOA, Sentinel, Davis-Head, Wyatt), negligence, negligent entrustment, negligent hiring/retention, negligent/intentional infliction of emotional distress, defective design, respondeat superior, and loss of consortium.
- Davis-Head (a state employee) moved to dismiss; the trial court sustained her Civ.R. 12(B)(1) and 12(B)(6) motion on January 5, 2023. Plaintiffs voluntarily dismissed Sentinel on February 9, 2023.
- VOA and Wyatt moved for judgment on the pleadings under Civ.R. 12(C); the trial court granted that motion on April 25, 2023, concluding the wrongful-death and derivative claims were time-barred and that tolling under R.C. 2305.15(A) did not apply to the wrongful-death statute.
- Plaintiffs appealed; the Second District Court of Appeals affirmed, finding (1) the court lacked subject-matter jurisdiction over Davis-Head claims until the Court of Claims resolves immunity under R.C. 9.86 and R.C. 2743.02(F), and (2) plaintiffs’ claims against VOA and Wyatt were untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the common pleas court had jurisdiction to hear claims against state employee Davis-Head or should have stayed the action pending a Court of Claims immunity determination | Trial court could decide liability on the underlying tort claims; if stay required, at least should have stayed rather than dismiss | R.C. 2743.02(F) gives the Court of Claims exclusive, original jurisdiction to decide personal-immunity issues under R.C. 9.86; without a no-immunity finding, common pleas lacks jurisdiction | Court affirmed dismissal: Court of Claims must first determine immunity; dismissal under Civ.R. 12(B)(6) was proper because no claim lies until immunity is resolved |
| Whether plaintiffs’ claims against VOA and Wyatt survived judgment on the pleadings because R.C. 2305.15(A) tolls the limitations period when a defendant is out of state | R.C. 2305.15(A) tolled the limitations period if Wyatt left Ohio, and plaintiffs should have been allowed limited discovery to show Wyatt’s absence | Wrongful-death claims are governed by R.C. 2125.02 (two-year limit), and R.C. 2305.15(A) by its terms only applies to the statutes listed in R.C. 2305.04–2305.14 and specified sections; it does not toll R.C. 2125.02 | Court affirmed judgment on the pleadings: wrongful-death and subsumed negligence claims were filed after the two-year period and not tolled by R.C. 2305.15(A); related claims (loss of consortium, negligent entrustment, emotional-distress) were derivative or meritless and time-barred |
Key Cases Cited
- Tschantz v. Ferguson, 57 Ohio St.3d 131, 566 N.E.2d 655 (1991) (Ohio Supreme Court addressed staying actions against state employees but found the issue moot on the facts)
- Conley v. Shearer, 64 Ohio St.3d 284, 595 N.E.2d 862 (1992) (Court of Claims has exclusive initial jurisdiction to decide immunity questions under R.C. 2743.02(F))
- Turner v. Alexander, 107 Ohio App.3d 853, 669 N.E.2d 565 (1995) (discusses lack of common-pleas jurisdiction over state-employee claims until Court of Claims resolves immunity)
- McCormick v. Miami Univ., 693 F.3d 654 (6th Cir. 2012) (holding that a Court of Claims immunity determination is a condition precedent to an individual-capacity claim against a state employee under Ohio law)
- Haynes v. Marshall, 887 F.2d 700 (6th Cir. 1989) (federal precedent cited for the rule that Court of Claims immunity determination is required before pursuing claims against state employees)