Johns v. University of Cincinnati Medical Associates, Inc.

I. Introduction

{¶ 1} The question before this court is whether the Court of Claims and the courts of common pleas have concurrent jurisdiction to determine whether a state *235employee is immune from personal liability under R.C. 9.86. We hold that pursuant to R.C. 2743.02(F), the Court of Claims has exclusive jurisdiction to make an immunity determination, and consequently, the immunity issue may not be reexamined by a court of common pleas.

II. Procedural History

{¶ 2} Appellant, Robert Horton, D.D.S., is an oral surgeon who was employed with the University of Cincinnati (“University”), a state…