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TORPEY v. STATE, DEPT. OF REHABILITATION AND CORRECTION

No. 77-744.

54 Ohio St. 2d 398 (1978)

TORPEY, APPELLEE, v. THE STATE OF OHIO, DEPT. OF REHABILITATION AND CORRECTION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Mr. Thomas R. McGuire, for appellee.

Mr. William J. Brown, attorney general, and Mr. Gene W. Holliker, for appellants.

CASTLE, J.

Appellants are appealing the decision of the Court of Appeals solely on the basis that a right to trial by jury in the Court of Claims did not exist for a claim against a state employee when it was alleged that the employee was acting within the scope of his employment.

By the enactment of the Court of Claims Act, R. C. Chapter 2743, the General Assembly waived the state's immunity from liability...

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