State ex rel. Newton v. Court of Claims

Relators request a writ of prohibition and/or mandamus to prevent the Court of Claims from exercising further jurisdiction over the underlying case, to compel the Court of Claims to vacate its entries granting the defendants/third-party plaintiffs’ Civ.R. 60(B) motion and reinstating the case, and to order the Court of Claims to remand the case to the Montgomery County Court of Common Pleas for a trial on the merits.

Relators assert in their first proposition of law that if the state is found not liable to a plaintiff for the reckless actions of a defendant, the state cannot be held liable to…