Theobald v. Univ. of Cincinnati - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as Theobald v. Univ. of Cincinnati, 101 Ohio St.3d 370, 2004-Ohio-1527.]

THEOBALD ET AL., APPELLEES, v. UNIVERSITY OF CINCINNATI, APPELLEE, ET
AL.; SHARMA ET AL., APPELLANTS.
[Cite as Theobald v. Univ. of Cincinnati, 101 Ohio St.3d 370, 2004-Ohio-1527.]
Courts -- Jurisdiction -- Immunity -- Pursuant to R.C. 2743.02(F), Court of
Claims has exclusive jurisdiction to determine whether a state employee is
immune from liability under R.C. 9.86 -- Court of appeals' judgment
affirmed on authority of Johns v. Univ. of Cincinnati Med. Assoc., Inc. --
State employee has no right to participate in the immunity determination
proceedings before the Court of Claims or to appeal that determination.
(Nos. 2002-1815 and 2002-2008 -- Submitted March 15, 2004 -- Decided April
14, 2004.)
APPEAL from and CERTIFIED by the Court of Appeals for Franklin County, Nos.
02AP-560, 02AP-593, 02AP-597 and 02AP-598.
__________________
{¶1} This consolidated appeal came to this court upon (1) this court's
acceptance of a discretionary appeal and (2) the certification of the Tenth District
Court of Appeals that its judgment conflicted with the judgment of the First
District Court of Appeals in Johns v. Horton, 149 Ohio App.3d 252, 2002-Ohio-
3802, 776 N.E.2d 1146.
{¶2} The Tenth District Court of Appeals certified the following
question:
{¶3} "Does the employee of a state institution who participates in an
immunity determination in the Ohio Court of Claims have standing to appeal the
judgment of the Ohio Court of Claims to the Tenth District Court of Appeals?"

SUPREME COURT OF OHIO
{¶4} The judgment of the court of appeals is affirmed on the authority
of Johns v. Univ. of Cincinnati Med. Assoc., Inc., 101 Ohio St.3d 234, 2004-Ohio-
824, 804 N.E.2d 19.
{¶5} The answer to the certified question is:
{¶6} Pursuant to our holding in Johns v. Univ. of Cincinnati Med.
Assoc., Inc., supra, a state employee has no right to participate in the immunity
determination proceedings before the Court of Claims or to appeal that
determination.

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, LUNDBERG STRATTON,
O'CONNOR and O'DONNELL, JJ., concur.
__________________

James P. Sullivan and Douglas C. Holland, for appellees Keith Theobald
et al.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P.
Carney, Senior Deputy Solicitor, Michael Gladman, Assistant Solicitor, and Karl
W. Schedler, Assistant Attorney General, for appellee University of Cincinnati.

Reminger & Reminger Co., L.P.A., Michael F. Schmitz, Stephen P.
O'Keefe, Vincent P. Antaki and Dan M. Newman, for appellants Harsha Sharma
and Maureen Parrott.
__________________
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