TORCHIK v. BOYCE

No. 2008-0534.

121 Ohio St.3d 440 (2009)

2009-Ohio-1248

TORCHIK, APPELLANT, v. HESKETT BOYCE, APPELLEE.

Supreme Court of Ohio.

Decided March 25, 2009.


Attorney(s) appearing for the Case

Todaro & Wagoner Co., L.P.A., Frank E. Todaro, and Robert J. Wagoner, for appellant.

John C. Nemeth & Associates, David A. Herd, and John C. Nemeth, for appellee.

Livorno & Arnett Co., L.P.A., and Henry A. Arnett, urging reversal for amicus curiae Ohio Association of Professional Fire Fighters.

Robert W. Kerpsack Co., L.P.A., and Robert W. Kerpsack, urging reversal for amicus curiae Ohio Association for Justice.


LANZINGER, J.

{¶ 1} In this case, we are asked to determine whether the "fireman's rule" should be extended to protect independent contractors from liability toward firefighters and police officers for injuries they sustain while in the scope of their employment.

I. Case Background

{¶ 2} Appellant, Ricky Torchik, had been a deputy sheriff for Ross County for over ten years on February 4, 2003. That...

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