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KRAUSE v. STATE

No. 71-779.

31 Ohio St. 2d 132 (1972)

KRAUSE, ADMR., APPELLEE, v. THE STATE OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided July 19, 1972.

Attorney(s) appearing for the Case

Messrs. Sindell, Sindell, Bourne, Markus. Stern & Spero, Mr. Steven A. Sindell and Mr. Robert Begam, for appellee.

Mr. William J. Brown, attorney general, Messrs. Crabbe, Brown, Jones, Potts & Schmidt, Mr. Charles E. Brown, Mr. Robert S. Howarth, Jr., Mr. A. L. Gretick and Mr. Daniel M. Collett, for appellant.

O'NEILL, C. J.

The ultimate issue is whether an action based on tort is properly maintainable against the state of Ohio when it has not consented to such suit. Based on precedent, this issue would seem to be foreclosed against appellee. See Raudabaugh v. State (1917), 96 Ohio St. 513, 118 N. E. 102, wherein paragraph one of the syllabus states:

"A state is not subject to suit in its own courts...

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