Mitchell v. Lawson Milk Co.

The central issue is whether the complaint sets forth a claim of intentional tort showing that appellee is entitled to relief, sufficient to survive a Civ. R. 12(B)(6) motion to dismiss. For the reasons that follow, we hold that it does not.

A

Subsequent to the court of appeals’ decision in the case herein, we announced a series of decisions involving allegations of intentional torts committed by employers and the applicability of R.C. 4121.80(G)(1) to such causes of action. Van Fossen v. Babcock & Wilcox Co. (1988), 36 Ohio St. 3d 100, 522 N.E. 2d 489; Pariseau v. Wedge Products, Inc. (1988),…