Ohio: Employee’s Tort Action Against Co-Employee for Parking Lot Accident is Barred by Exclusivity

Ohio: Employee’s Tort Action Against Co-Employee for Parking Lot Accident is Barred by Exclusivity

Where an employee sustained injuries in an automobile accident that occurred in the employer’s parking lot when the vehicle he was driving was struck by another being driven by a co-employee, the co-employee was immune from tort liability under the fellow servant doctrine as set forth in Ohio Rev. Code Ann. § 4123.741. The court noted that two issues needed to be determined. First, was the plaintiff’s injury caused by another employee? Second, did the injury occur in the course of and arising out of the plaintiff's employment? Since the evidence supported an affirmative finding on both issues, the plaintiff’s civil action was barred. 

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. 

See Houston v. Morales, 2018-Ohio-1505, 2018 Ohio App. LEXIS 1678 (Apr. 19, 2018)

See generally Larson’s Workers’ Compensation Law, § 111.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law