Morgan v. Canary

This matter involves the appeal of a judgment dismissing the cause of action brought by the plaintiff, on the basis that the court lacked jurisdiction over the subject matter because of the historical doctrine of sovereign immunity. The facts giving rise to the action in the trial court, and of this appeal are as follows. The plaintiff, Jean Morgan, is the owner and operator of a nursing home in Hniontown, Ohio, licensed by the Ohio Department of Health. The plaintiff, having been certified by the Department of Public Welfare, entered into a contract with that department, whereby the…