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WALTON v. OHIO DEPT. OF HEALTH

No. 04AP-249.

162 Ohio App.3d 65 (2005)

2005-Ohio-3375

WALTON, Appellant, v. OHIO DEPARTMENT OF HEALTH, Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided June 30, 2005.

Attorney(s) appearing for the Case

Wolman & Associates and Susan B. Gellman; Strip, Hoppers, Leithart, McGrath & Terlecky Co., L.P.A., and Nelson E. Genshaft, for appellant.

Jim Petro, Attorney General, and Peggy W. Corn, Assistant Attorney General, for appellee.

PETREE, Judge.

{¶ 1} Plaintiff-appellant, Michael Walton, appeals from a judgment of the Court of Claims of Ohio, which determined that plaintiff was not entitled to recover, pursuant to R.C. 109.364, legal expenses incurred in defense of an action brought against him in federal court. For the following reasons, we affirm the judgment of the trial court.

{¶ 2} In 1994, the Center for Disease Control and Prevention ("CDC...

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