State ex rel. Carpenter v. Industrial Commission

In construing a complaint upon a motion to dismiss for failure to state a claim, we must take all the complaint’s factual allegations as true and make all reasonable inferences in favor of the non-moving party. Mitchell v. Lawson Milk Co. (1988), 40 Ohio St. 3d 190, 192, 532 N.E. 2d 753, 756. The complaint may be dismissed only if it appears beyond doubt that the plaintiff can prove no set of facts permitting recovery. Id.

A complaint in mandamus states a claim if it alleges facts demonstrating that: (1) relator has a clear legal right to the relief requested; (2) respondent is under a clear…