Johns v. Horton

Mark P. Painter, Presiding Judge.

{¶ 1} In this case, we have antithetical holdings from two courts on an issue of law. The Court of Claims determined that appellee, Dr. Robert Horton, an oral surgeon, was not entitled to immunity under R.C. 9.86 and 2743.02 and could be sued in his individual capacity in the court of common pleas. Subsequently, the court of common pleas determined that Horton was entitled to immunity from civil suit under R.C. 9.86 and 2743.02.

{¶ 2} This case also involved the consequences — intended or not intended — of University Hospital’s ceasing to be a state agency.…