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· 4/19/2018

Houston v. Morales

Citations

  • 2018 Ohio 1505

Syllabus

Motion for summary judgment Civ.R. 56 fellow employee immunity R.C. 4123.471 injury occurring in the course of and arising out of the plaintiff's employment. - Judgment affirmed. The trial court properly determined that the fellow employee immunity statute applied to the instant case. First, the injury was caused by another employee. There is no dispute that both plaintiff and defendant were employees at Hose Master, and plaintiff was injured as a result of the accident. Second, the injury occurred in the course of and arising out of plaintiff's employment. There is no dispute that plaintiff was awarded workers' compensation benefits for the injuries he sustained from the accident with the defendant.

Judges: Kilbane

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