BLANKENSHIP v. CINCINNATI MILACRON CHEMICALS, INC. Ohio Sup. Ct., 69 Ohio St.2d 608, 433 N.E.2d 572 (1982). CASE BRIEF

BLANKENSHIP V. CINCINNATI MILACRON CHEMICALS, INC.

Ohio Sup. Ct., 69 Ohio St.2d 608, 433 N.E.2d 572 (1982)

NATURE OF THE CASE: This was an appeal from a dismissal of an action for a recovery from work related injuries under a worker's compensation system. The trial court granted a demurrer.

FACTS: Blankenship (P) and seven other former or current employees of Milacron (D) sued D for intentionally failing to warn them of the dangerous nature of exposure to certain chemicals within the scope of their employment. Ps alleged that D knew of the conditions and that they could cause injury but still failed to warns Ps and its employees. Ps also alleged that D filed to provide medical examinations as required by law and that D had failed to notify the appropriate state and federal agencies as required under the law. Ps also alleged that the omissions by D were intentional, willful, and malicious. The trial court dismissed the action because it was barred by relevant sections of the Ohio Constitution and the Ohio Workers' Compensation Act; it provided total immunity from civil suit. P appealed. The Ohio Supreme Court granted a hearing.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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