· 3/6/2025

La Riccia v. Ohio Civ. Rights Comm.

Citations

  • 2025 Ohio 754

Syllabus

The Court of Claims did not err in granting the commission's motion to dismiss pursuant to Civ.R. 12(B)(1) and (6). Despite appellants' framing of their claims as gross negligence, fraud, and civil conspiracy, it is clear from the face of the complaint they are seeking review and reversal of the administrative decision denying the discrimination claim, and the Court of Claims lacks subject-matter jurisdiction to review the commission's administrative determination. Additionally, because appellants did not allege an underlying primary tort from which the loss of consortium claim could derive, appellants failed to state a claim upon which relief can be granted for their loss of consortium claim.

Judges: Edelstein

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