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1999 Ohio 273

Rush v. Astro Container Co.

Ohio Supreme Court

Decided April 28, 1999

Ohio Supreme Court · decided 1999-04-28

Employer and employee—Cause of action brought by employee alleging intentional tort by employer in workplace—R.C. 2945.01 is unconstitutional in its entirety—Court of appeals' judgment affirmed on authority of Johnson v. BP Chemicals, Inc.

Relies on Johnson v. BP Chemicals, Inc. · 85 Ohio St. 3d 362 - Rush v. Astro Container Co.

Decided 1999-04-28

[This opinion has been published in Ohio Official Reports at 
85 Ohio St.3d 362
.]




          RUSH, APPELLEE, v. ASTRO CONTAINER COMPANY, APPELLANT.
               [Cite as Rush v. Astro Container Co., 
1999-Ohio-273
.]
Employer and employee—Cause of action brought by employee alleging
          intentional tort by employer in workplace—R.C. 2945.01 is unconstitutional
          in its entirety—Court of appeals’ judgment affirmed on authority of Johnson
          v. BP Chemicals, Inc.
      (No. 98-1843—Submitted March 31, 1999—Decided April 28, 1999.)
     APPEAL from the Court of Appeals for Hamilton County, No. C-970759.
                                  __________________
          Manley, Burke, Lipton & Cook and Andrew S. Lipton, for appellee.
          Dinsmore & Shohl L.L.P. and George B. Wilkinson, for appellant.
                                  __________________
          {¶ 1} The judgment of the court of appeals is affirmed on the authority of
Johnson v. BP Chemicals, Inc. (1999), 
85 Ohio St.3d 298
, 
707 N.E.2d 1107
.
          MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ.,
concur.
          LUNDBERG STRATTON, J., dissents.
                                  __________________
          LUNDBERG STRATTON, J., dissenting.
          {¶ 2} I respectfully dissent for the reasons set forth in my dissenting opinion
in Johnson v. BP Chemicals, Inc. (1999), 
85 Ohio St.3d 298
, 
707 N.E.2d 1107
.
                                  __________________

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