Kiminski [sic] v. Metal & Wire Products Company, Case no. 2008-0857. Oral Argument Feb. 18, 2009. Whether the General Assembly exceed its authority under the Ohio Constitution by enacting a statute that imposes a standard of proof for “intentional tort” lawsuits by injured workers against their employers that is more restrictive than the common law standard of proof for such claims established by decisions of the Supreme Court. Oral Argument Preview. Argument Video. Docket & Briefs.

Stetter v. R.J. Corman Derailment Services LLC, Case no. 2008-0972. Oral Argument Feb. 18, 2009. If R.C. 2745.01 te is read to extinguish the common law cause of action for intentional torts based on “substantial certainty” of injury, does the statute violate the rights of plaintiffs to due process, equal protection, trial by jury, and other constitutional rights guaranteed by the U.S. and Ohio constitutions . Oral Argument Preview. Argument Video. Docket & Briefs.

Klaus v. United Equity, Inc., Case no. 2008-0894. Oral Argument Feb. 18, 2009. Oral Argument Preview. Argument Video. Docket & Briefs. If the court decides in Kiminski that RC 2745.01 is constitutional under Art. II. Sections 34 and 35 of the Ohio Constituion, is an injured worker barred from pursuing an “intentional workplace tort” lawsuit against his employer if the worker cannot show by direct evidence that the employer knowingly exposed the worker to a dangerous workplace process or condition and that the employer acted with the deliberate intention of causing injury to the worker?

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