Whiting v. Ohio Department of Mental Health

Brown, Judge.

Garry L. Whiting, administrator of the estate of Mary Ann Watts, decedent, and Theressa Thacker, plaintiffs-appellants, appeal the August 29, 2000 judgment of the Ohio Court of Claims finding that the Ohio Department of Mental Health (“ODMH”), defendant-appellee, was not negligent in failing to monitor David Pearce and ensure that he receive mandatory two-year commitment hearings while on conditional release. ODMH has filed a cross-assignment of error, claiming that the Court of Claims erred in finding that it was not immune from liability pursuant to R.C. 5122.84.

On November 25,…