Bunger v. Lawson Co.

I respectfully dissent. This court in 1939 took just the position that the majority is taking here, and two months thereafter, the General Assembly responded with an amendment to the General Code abrogating that decision. Because the Revised Code still encompasses the pertinent language of that amendment, this court errs in its statutory analysis.

Triff v. Natl. Bronze & Aluminum Foundry Co. (1939), 135 Ohio St. 191, 14 O.O. 48, 20 N.E.2d 232, held that a complying employer who negligently causes damages to his employee which are not compensable under workers’ compensation law may be liable at…