162 N.E.2d 475 (Ohio 1959), 35923, Wolf v. Ohio State University Hospital

Docket Nº:35923.
Citation:162 N.E.2d 475, 170 Ohio St. 49
Opinion Judge:WEYGANDT, C. J.
Party Name:WOLF, Appellant, v. OHIO STATE UNIVERSITY HOSPITAL et al., Appellees.
Attorney:Lowman, Patterson, Pfefferle & Dunn and Reeves & Herron, Columbus, for appellant. Messrs. Lowman, Patterson, Pfefferle & Dunn and Messrs. Reeves & Herron, for appellant. Mr. Mark McElroy, attorney general, and Mr. C. V. Thomas, for appellees.
Judge Panel:ZIMMERMAN, HERBERT and PECK, JJ., concur. MATTHIAS and BELL, JJ., concur in paragraphs one, two, three and four of the syllabus but dissent from paragraph five of the syllabus and from the judgment. TAFT, Judge (concurring).
Case Date:November 12, 1959
Court:Supreme Court of Ohio
 
FREE EXCERPT

Page 475

162 N.E.2d 475 (Ohio 1959)

170 Ohio St. 49

WOLF, Appellant,

v.

OHIO STATE UNIVERSITY HOSPITAL et al., Appellees.

No. 35923.

Supreme Court of Ohio.

November 12, 1959

Syllabus by the Court

1. Under the provisions of Section 16, Article I of the Constitution of Ohio, suits may be brought against the state in such courts and in such manner as may be provided by law.

2. These provisions of the Constitution of Ohio are not self-executing.

3. Under the provisions of Section 3335.03, Revised Code, the Board of Trustees of The Ohio State University is invested with the right of suing and being sued, and of contracting and being contracted with.

4. The Ohio State University and the Ohio State University Hospital are instrumentalities of the state of Ohio and as such are not suable in tort until the General Assembly of Ohio enacts a statute determining the courts and the manner in which such suits may be brought against the state.

5. Under the provisions of Section 3335.03, Revised Code, the General Assembly

Page 476

of Ohio has not authorized tort actions to be brought against the Board of Trustees of The Ohio State University.

In the Court of Common Pleas the plaintiff instituted this action against the defendants the Ohio State University Hospital and the Board of Trustees of The Ohio State University to recover damages for personal injuries allegedly sustained by her on October 12, 1956, while at the hospital. She says she was there at the request of the hospital because a child who was in her custody was to undergo an operation. While the plaintiff was waiting in a hall near the desk of the floor nurse, she punctured the palm of her right hand on a spindle on the nurse's desk. The plaintiff was directed to the hospital's emergency room where over her protest she was administered tetanus antitoxin although a test disclosed that she was allergic thereto. She alleges that as a result of the defendants' carelessness she developed a violent reaction and various injuries.

To the plaintiff's petition the defendant board of trustees [170 Ohio St. 50] filed a demurrer on the ground that the facts stated do not show a cause of action.

The Court of Common Pleas sustained the demurrer and dismissed the petition.

On an appeal to the Court of Appeals on questions of law, the judgment of the trial court was affirmed.

The cause is in this court for a review on an appeal as of right and by reason of the allowance of the plaintiff's motion to certify the record.

Lowman, Patterson, Pfefferle & Dunn and Reeves & Herron, Columbus, for appellant.

Mark McElroy, Atty. Gen., and C. V. Thomas, Columbus, for appellees.

WEYGANDT, Chief Justice.

The sole question of law here presented is whether these defendants, the Ohio State University Hospital and the board of trustees of...

To continue reading

FREE SIGN UP