ZUMWALDE v. MADEIRA & INDIAN HILL JOINT FIRE DIST.

No. 2010-0218.

128 Ohio St.3d 492 (2011)

2011-Ohio-1603

ZUMWALDE, Appellee, v. MADEIRA AND INDIAN HILL JOINT FIRE DISTRICT ET AL; ASHBROCK, Appellant.

Supreme Court of Ohio.

Decided April 7, 2011.


Attorney(s) appearing for the Case

Law Office of Marc Mezibov, Marc D. Mezibov , and Susan M. Lawrence , for appellee.

Rendigs, Fry, Kiely & Dennis, L.L.P., Wilson G. Weisenfelder Jr. , and Laura I. Hillerich , for appellant.

White & Fish, L.P.A., Inc. and Arnold S. White , urging affirmance for amicus curiae Ohio Association for Justice.

Fortney & Klingshirn and Neil Klingshirn ; and the Gittes Law Group and Frederick M. Gittes , urging affirmance for amicus curiae Ohio Employment Lawyers' Association.

Schottenstein, Zox & Dunn Co., L.P.A., Stephen L. Byron , Rebecca K. Schaltenbrand , and Stephen J. Smith ; and John Gotherman , urging reversal for amici curiae Ohio Municipal League, Ohio Township Association, and Ohio Fire Chiefs' Association.


CUPP, J.

{¶ 1} The issue in this case is whether R.C. 2744.09(B) removes immunity from an employee of a political subdivision in a civil action filed against the employee by another employee of the same political subdivision when the civil action relates to a matter that arises out of the employment relationship between the employee bringing the suit and the political subdivision. For the reasons that follow, we conclude that R.C. 2744...

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