Brady v. Safety-Kleen Corp.

MEMORANDUM AND ORDER

GRAHAM, District Judge.

This matter is before the court on defendant’s motion pursuant to Fed.R.Civ.P. 12(f) to strike plaintiffs’ claim for damages and jury demand as to count one of the complaint. This count asserts a claim for damages under the Ohio workers’ compensation system pursuant to Ohio Revised Code § 4121.80, governing intentional tort claims. Under § 4121.80(A), an employee may bring a cause of action against his employer for damages for intentional tort which exceed the amount payable in workers’ compensation benefits. Section 4121.-80(D), Ohio Revised Code,…