Cuyahoga County Common Pleas Court finds New Intentional Tort Statute Constitutional

Timothy Barry v. A.E. Steel Erectors, Inc.

Cuyahoga County Court of Common Pleas

Case No. 587362

(2007)

In an opinion rendered by the Honorable Judge Eileen T. Gallagher, the new employment intentional tort statute (R.C. 2745.01) was ruled constitutional. In granting summary judgment in favor of the employer and against the injured employee, the Court stated that: "A properly enacted statute is presumed constitutional." The Court found that" R.C. 2745.01 was duly enacted and in effect at the time of Plaintiff's injury, and is the applicable law to determine whether Plaintiff has a meritorious claim for an intentional tort."

There have been many successful challenges to the numerous attempts by the Ohio Legislature to codify employment intentional torts in Ohio. The recent statute enacted on April 7, 2005 is subject to challenges as well. It is anticipated that the Barry decision will be appealed and that the constitutionality of R.C. 2745.01 will be addressed further at that time.