Vandriest v. Midlem

This case raises two issues, each of which may serve as an independent grounds for decision. First, the court is faced with the question of whether a superintendent of schools has sovereign immunity from suit based upon an assertion that his direct negligence caused injuries. Second, there is a question whether the superintendent in this case is immune from suit under R.C. 4123.74.

Turning to the second issue first, R.C. 4123.74 provides that an employer who complies with the provisions of the Workers’ Compensation Act is not liable for damages as a result of occupational disease or injury.…