Moss v. Coleman
| Decision Date | 10 August 1982 |
| Citation | 5 OBR 360,5 Ohio App.3d 177,450 N.E.2d 725 |
| Parties | , 5 O.B.R. 360 MOSS, Appellant, v. COLEMAN et al., Appellees. |
| Court | Ohio Court of Appeals |
Syllabus by the Court
When a former patient of a state hospital initiates an action against doctors and orderlies of that hospital, the real party in interest is the state and the suit must be brought in the Court of Claims, not the court of common pleas.
Margulis, Gussler, Hall, Hosterman & Lucks and Barbara J. Lucks, Ashville, for appellant.
J. Michael McGinley, Columbus, for appellee Ralph Coleman.
William J. Brown, Atty. Gen., and Michael A. Noonan, Columbus, for appellees Josip Raulj and Barbara Mayes.
This is an appeal by the plaintiff-appellant, Annette L. Moss, from a judgment in the Franklin County Court of Common Pleas sustaining the motion to dismiss of defendants-appellees, Josip Raulj and Barbara Mayes.
The record indicates that plaintiff filed an action in the court of common pleas alleging that she was admitted to the Central Ohio Psychiatric Hospital on November 7, 1980, and remained there until November 21, 1980; that defendants-appellees Ralph Coleman and Aaron White were employed as orderlies by the Ohio Department of Mental Health at the Central Ohio Psychiatric Hospital about the time in question; that defendant Raulj is a medical doctor employed at that hospital; that defendant Mayes was employed as a nursing supervisor for Ward 6 at that hospital; that on or about November 13, 1980, while under the supervision of defendants Raulj and Mayes, plaintiff was raped and assaulted by defendants Coleman and White; that defendants Raulj and Mayes were negligent in their care and supervision of the plaintiff, resulting in her bodily harm. Defendants Raulj and Mayes filed a motion to dismiss for lack of jurisdiction in the court of common pleas, which motion the trial court sustained and from which judgment this appeal is taken.
Plaintiff brings a single assignment of error:
"Whether the trial court erred in finding that the State of Ohio is the real party in interest?"
Plaintiff argues that she was recklessly placed in a ward where she was maliciously raped by two orderlies, and that the four defendants are the real parties in interest and not the state of Ohio, and that their employment with the state is incidental to the suit and is not a critical factor to their alleged negligence. The plaintiff contends that the state of Ohio could not be adversely affected by such a verdict and, therefore, cannot be considered the real party in interest.
The sovereign immunity rule in Ohio is based upon Section 16, Article I, Ohio Constitution, providing that suits may be brought against the state in such courts and in such...
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Wilson v. Patton, 87
...has waived the state's immunity from liability and consented to be sued in the Court of Claims. Moss v. Coleman (1982), 5 Ohio App.3d 177, 177-178, 5 OBR 360, 361, 450 N.E.2d 725, 726; McIntosh v. Univ. of Cincinnati (1985), 24 Ohio App.3d 116, 118, 24 OBR 187, 189, 493 N.E.2d 321, 323. "A ......
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George L. Swanson v. Tom Mckenzie, 88-LW-1639
... ... state's immunity from liability and consented to be sued ... in the Court of Claims. Moss v. Coleman (1982), 5 ... Ohio App.3d 177, 177-178; McIntosh v. Univ. of ... Cincinnati (1985), 24 Ohio App.3d 116, 118 ... ...
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Katko v. Balcerzak
...against the state, rather than in the common pleas court against the state employee. Defendants rely upon Moss v. Coleman (1982), 5 Ohio App.3d 117, 5 OBR 360, 450 N.E.2d 725, as indicating the action must be brought in the Court of Claims since in that case we affirmed the dismissal of an ......
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Ronald I. Quimby v. Dr. J.A. Smith
... ... See ... e.g. Friedman v. Johnson (1985), 18 Ohio St.3d 85; ... Boggs v. State (1983), 8 Ohio St.3d 15; Moss v ... Coleman (1982), 5 Ohio App.3d 177 ... Thus ... the trial court properly dismissed plaintiff's complaint ... ...