Duckworth v. Creative Interglobal, Inc.

1995 Ohio 93, 74 Ohio St. 3d 12

• Court: Ohio Supreme Court
• Decided: November 1, 1995
• Docket: 1994-1379
• Status: Published

Opinion

[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 12.]

DUCKWORTH ET AL., APPELLANTS, v. CREATIVE INTERGLOBAL, INC. ET AL., APPELLEES. [Cite as Duckworth v. Creative Interglobal, Inc., 1995-Ohio-93.] Workers' compensation—Proof required to establish that an employer has committed an intentional tort against an employee. (No. 94-1379—Submitted September 27, 1995—Decided November 1, 1995.) APPEAL from the Court of Appeals for Cuyahoga County, No. 65449. _________________ Gaines & Stern Co., L.P.A., John V. Scharon, Jr. and James S. Casey, for appellants. Gravens & Franey Co., L.P.A., and Martin T. Franey, for appellees. Wolske & Blue and Michael S. Miller, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers. _________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of Fyffe v. Jeno's, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108, and the cause is remanded to the trial court for further proceedings. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., WRIGHT and COOK, JJ., dissent and would affirm the judgment of the court of appeals. __________________