Mullins v. Rio Algom, Inc.
85 Ohio St. 3d 361
Ohio
1999
Check Treatment

MULLINS ET AL. v. RIO ALGOM, INC. ET AL.

No. 97-2491

Supreme Court of Ohio

Submitted March 31, 1999—Decided April 28, 1999

85 Ohio St.3d 361 | 1999-Ohio-384

ON ORDER from the United States District Court for the Southern District of Ohio, Western Division, Certifying a Question of State Law, No. C-1-97-73.

Employer and employee—Cause of action brought by employee alleging intentional tort by employer in workplace—R.C. 2745.01 is unconstitutional in its entirety.

Casper & Casper and Arthur B. Casper, for petitioners Mark Mullins et al.

Lindhorst & Dreidame, William M. Cussen and Brian M. Kneafsey, Jr., for respondents Rio Algom, Inc. et al.

Betty D. Montgomery, Attorney General, and Arthur J. Marziale, Jr., Assistant Attorney General, for intervenor-respondent Ohio Attorney General.

Michael R. Thomas, in support of petitioners, for amicus curiae Ohio Academy of Trial Lawyers.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, in support of petitioners, for amicus curiae Ohio AFL-CIO.

Manley, Burke, Lipton & Cook and Andrew S. Lipton, in support of petitioners, for amicus curiae Armco Employees Independent Federation, Inc.

{¶ 1} The United States District Court for the Southern District of Ohio, Western Division, has certified the following question to us:

“Is Section 2745.01 of the Ohio Revised Code unconstitutional under state law thereby rendering Ohio Revised Code Section 2305.11.2 null and void?”

{¶ 2} The certified question is answered in the affirmative on the authority of

.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.

LUNDBERG STRATTON, J., dissents.

MULLINS ET AL. v. RIO ALGOM, INC. ET AL.

LUNDBERG STRATTON, J., dissenting.

{¶ 3} I respectfully dissent for the reasons set forth in my dissenting opinion in

.