450 N.E.2d 725 | Ohio Ct. App. | 1982
This is an appeal by the plaintiff-appellant, Annette L. Moss, from a judgment in the Franklin County Court of Common Pleas sustaining the motion to dismiss of defendants-appellees, Josip Raulj and Barbara Mayes.
The record indicates that plaintiff filed an action in the court of common pleas alleging that she was admitted to the Central Ohio Psychiatric Hospital on November 7, 1980, and remained there until November 21, 1980; that defendants-appellees Ralph Coleman and Aaron White were employed as orderlies by the Ohio Department of Mental Health at the Central Ohio Psychiatric Hospital about the time in question; that defendant Raulj is a medical doctor employed at that hospital; that defendant Mayes was employed as a nursing supervisor for Ward 6 at that hospital; that on or about November 13, 1980, while under the supervision of defendants Raulj and Mayes, plaintiff was raped and assaulted by defendants Coleman and White; that defendants Raulj and Mayes were negligent in their care and supervision of the plaintiff, resulting in her bodily harm. Defendants Raulj and Mayes filed a motion to dismiss for lack of jurisdiction in the court of common pleas, which motion the trial court sustained and from which judgment this appeal is taken.
Plaintiff brings a single assignment of error:
"Whether the trial court erred in finding that the State of Ohio is the real party in interest?"
Plaintiff argues that she was recklessly placed in a ward where she was maliciously raped by two orderlies, and that the four defendants are the real parties in interest and not the state of Ohio, and that their employment with the state is incidental to the suit and is not a critical factor to their alleged negligence. The plaintiff contends that the state of Ohio could not be adversely affected by such a verdict and, therefore, cannot be considered the real party in interest.
The sovereign immunity rule in Ohio is based upon Section
Judgment affirmed.
REILLY and COOK, JJ., concur.
COOK, J., of the Eleventh Appellate District, sitting by assignment in the Tenth Appellate District.