Tokes v. Dept. of Rehab. & Corr.

Citations

• 2018 Ohio 4149

Syllabus

Wrongful Death Negligence 12(B)(6) Public Duty Doctrine- The decedent's estate brought claims against defendant after the decedent's murder, alleging defendant acted negligently in its supervision and monitoring of decedent's murderer who was on post release control at the time of decedent's murder. Applying R.C. 2743.02(A)(3), the court found defendant, in supervising and monitoring the decedent's murderer, was engaged in the performance of a public duty and further found the estate failed to plead sufficient facts to establish a special relationship. The court, therefore, found defendant was entitled to immunity and granted defendant's motion to dismiss.