2009-Ohio-7043
No. 2009-02987.Court of Claims of Ohio.
Filed December 9, 2009.
JUDGMENT ENTRY
CLARK B. WEAVER SR., Judge.
{¶ 1} This case came before the court on October 14, 2009, for an evidentiary hearing to determine civil immunity issues raised pursuant to R.C. 2743.02(F) and 9.86.
{¶ 2} 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 Regina Baker, Vincent Nolasco, Thomas Murawski, Joseph Hunt, and David Buckingham acted within the scope of their employment with defendant at all times and during all interactions regarding plaintiffs that are at issue in this case. Based upon the totality of the evidence presented at the hearing, the court also finds that plaintiffs failed to prove, by a preponderance of the evidence, that the above-listed individuals acted with malicious purpose, in bad faith, or in a wanton or reckless manner toward plaintiffs. 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 in this case.
{¶ 3} On another matter, plaintiffs filed a notice of dismissal of the connected action. Therefore, the court’s June 17, 2009 entry staying proceedings is hereby
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VACATED, and the case will be set for trial. The portion of the September 21, 2009 entry scheduling a status conference for December 10, 2009, is hereby VACATED.
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