Case No. 2001-11821.Court of Claims of Ohio.
Decided January 10, 2003.
JUDGMENT ENTRY
Fred J. Shoemaker, Judge.
{¶ 1} This case was tried to the court on January 6-7, 2003, on the issue of liability. The trial included consideration of civil immunity issues raised pursuant to R.C. 2743.02(F) and 9.86.
{¶ 2} Based upon the totality of the evidence presented at trial, the court found that Karen Capizzi, George Goard, Clayton Morris and Thomas O’Leary, acted within the scope of their employment with defendant at all times and during all interactions regarding plaintiff that are at issue in this case. The court further found that the above-listed individuals did not act with malicious purpose, in bad faith, or in a wanton or reckless manner toward plaintiff. Consequently, the above-mentioned individuals are entitled to personal immunity pursuant to R.C. 2743.02(F) and 9.86, and the courts of common pleas do not have jurisdiction over civil actions against them based on the alleged actions or inactions in this case.
{¶ 3} Upon review of all the evidence submitted and after considering the credibility of the witnesses as well as the arguments of counsel, the court finds that plaintiff has failed to prove, by a preponderance of the evidence, all of his claims for relief. Therefore, judgment is rendered in favor of defendant. Court costs are assessed against plaintiff. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
Howard V. Mishler, for plaintiff.
Velda K. Hofacker Carr, Assistant Attorney General.