McDonald v. Cleveland State Univ.
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[Cite as McDonald v. Cleveland State Univ., 2009-Ohio-7043.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us DEVORE MCDONALD, et al. Plaintiffs v. CLEVELAND STATE UNIVERSITY Defendant Case No. 2009-02987 Judge Clark B. Weaver Sr. JUDGMENT ENTRY {¶ 1} This case came before the court on October 14, 2009, for an evidentiary hearing to determine civil immunity issues raised pursuant to R.C. 2743.02(F) and 9.86. {¶ 2} Upon review of all the evidence submitted and after considering the credibility of the witnesses as well as the arguments of counsel, the court finds that Regina Baker, Vincent Nolasco, Thomas Murawski, Joseph Hunt, and David Buckingham acted within the scope of their employment with defendant at all times and during all interactions regarding plaintiffs that are at issue in this case. Based upon the totality of the evidence presented at the hearing, the court also finds that plaintiffs failed to prove, by a preponderance of the evidence, that the above-listed individuals acted with malicious purpose, in bad faith, or in a wanton or reckless manner toward plaintiffs. Consequently, the above-mentioned individuals are entitled to personal immunity pursuant to R.C. 2743.02(F) and 9.86, and the courts of common pleas do not have jurisdiction over civil actions against them based on the alleged actions in this case. {¶ 3} On another matter, plaintiffs filed a notice of dismissal of the connected action. Therefore, the court s June 17, 2009 entry staying proceedings is hereby Case No. 2009-02987 -2- JUDGMENT ENTRY VACATED, and the case will be set for trial. The portion of the September 21, 2009 entry scheduling a status conference for December 10, 2009, is hereby VACATED. _____________________________________ CLARK B. WEAVER SR. Judge cc: Emily M. Simmons Eric A. Walker Assistant Attorneys General 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130 SJM/cmd Filed December 9, 2009 To S.C. reporter December 29, 2009 Jeffrey D. Lojewski Rockefeller Bldg., Suite 1425 614 West Superior Avenue Cleveland, Ohio 44113-9850
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