Making New Law

Taubman Law is on the verge of making new law in Ohio. The Court of Common Pleas for Cuyahoga County has recently denied a motion for Summary Judgment by Cleveland Clinic allowing a dual capacity claim to proceed. Our client, a member of the housekeeping department, was allowed to use the same elevator that catered to the general public at one of the Cleveland Clinic’s Facilities

When the Elevator did not stop flush with the floor she fell forward bracing her fall with her right hand and due to the fall developed a permanently disfigured hand.

We are very excited that this claim was allowed to go forward. Usually, In Ohio when an employee elects to receive workers compensation they are barred from pursuing an individual claim against the employer such as, negligence. However, Ohio has recognized some exceptions to this rule, such as, as an intentional tort or a dual capacity against the Employer. A dual capacity claim is proper when the Employer takes on two hats; one hat as an employer and the second outside the scope and responsibilities of an ordinary employer.

After carefully analyzing the specific facts of this case, we felt that a dual capacity claim was warranted and the Court also agreed. Currently, we are trying to amend the complaint to also include a claim for an intentional tort against the employer. Follow us for updates.