Rush v. Astro Container Co.

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[Cite as Rush v. Astro Container Co., 85 Ohio St.3d 362, 1999-Ohio-273.] RUSH, APPELLEE, v. ASTRO CONTAINER COMPANY, APPELLANT. [Cite as Rush v. Astro Container Co. (1999), 85 Ohio St.3d 362.] Employer and employee Cause of action brought by employee alleging intentional tort by employer in workplace R.C. 2945.01 is unconstitutional in its entirety Court of appeals judgment affirmed on authority of Johnson v. BP Chemicals, Inc. (No. 98-1843 Submitted March 31, 1999 Decided April 28, 1999.) APPEAL from the Court of Appeals for Hamilton County, No. C-970759. __________________ Manley, Burke, Lipton & Cook and Andrew S. Lipton, for appellee. Dinsmore & Shohl L.L.P. and George B. Wilkinson, for appellant. __________________ The judgment of the court of appeals is affirmed on the authority of Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298, 707 N.E.2d 1107. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. LUNDBERG STRATTON, J., dissents. __________________ LUNDBERG STRATTON, J., dissenting. I respectfully dissent for the reasons set forth in my dissenting opinion in Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298, 707 N.E.2d 1107.

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