1999 Ohio 384
Ohio
1999

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 Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298, 707 N.E.2d 1107.

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 Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298, 707 N.E.2d 1107.