Torpey v. State, Dept. of Rehabilitation & Correction

Appellants are appealing the decision of the Court of Appeals solely on the basis that a right to trial by jury in the Court of Claims did not exist for a claim against a state employee when it was alleged that the employee was acting within the scope of his employment.

By the enactment of the Court of Claims Act, R. C. Chapter 2743, the General Assembly waived the state’s immunity from liability and gave its consent to be sued “in accordance with the same rules of law applicable to suits between private parties, subject to the limitations set forth in this chapter.” R. C. 2743.02(A). This…