SCHUMP v. FIRESTONE TIRE & RUBBER CO.

No. 88-348.

44 Ohio St. 3d 148 (1989)

SCHUMP ET AL., APPELLANTS AND CROSS-APPELLEES, v. FIRESTONE TIRE AND RUBBER COMPANY, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided August 2, 1989.


Attorney(s) appearing for the Case

Scanlon & Gearinger Co., L.P.A., James A. Rudgers and Terence E. Scanlon, for appellants and cross-appellees.

Amerman, Burt & Jones Co., L.P.A., William D. Wendell, Gerald P. Leb and David T. Moss, for appellee and cross-appellant.


WRIGHT, J.

This appeal raises two questions: first, whether plaintiffs may maintain a products liability action against defendant employer under the dual-capacity doctrine,1 and, second, whether summary judgment on plaintiffs' intentional tort claim was appropriate. We answer both questions in the negative. Accordingly, the decision of the court of appeals is affirmed.

I

This court first recognized an action under the...

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