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1995 Ohio 73

Gibbs v. Simcote, Inc.

Ohio Supreme Court

Decided April 5, 1995

Ohio Supreme Court · decided 1995-04-05

Workers' compensation—Proof required to establish that an employer has committed an intentional tort against an employee.

Relies on Fyffe v. Jeno's, Inc. · 71 Ohio St. 3d 651 - Gibbs v. Simcote, Inc.

Decided 1995-04-05

[This opinion has been published in Ohio Official Reports at 
71 Ohio St.3d 651
.]




              GIBBS ET AL., APPELLANTS, v. SIMCOTE, INC., APPELLEE.
                   [Cite as Gibbs v. Simcote, Inc., 
1995-Ohio-73
.]
Workers' compensation—Proof required to establish that an employer has
        committed an intentional tort against an employee.
      (No. 93-2429—Submitted February 21, 1995—Decided April 5, 1995.)
       APPEAL from the Court of Appeals for Marion County, No. 9-93-15.
                                  __________________
        John S. Marshall; Hobson & Kolman and Gordon G. Hobson, for
appellants.
        Calfee, Halter & Griwold and Richard P. Goddard; Frericks & Howard
and Thomas Frericks, for appellee.
                                  __________________
        {¶ 1} The judgment of the court of appeals is reversed, and the cause is
remanded to the trial court for further proceedings on the authority of Fyffe v.
Jeno's, Inc. (1991), 
59 Ohio St.3d 115
, 
570 N.E.2d 1108
.
        MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and
COOK, JJ., concur.
                                  __________________

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