Blankenship v. Cincinnati Milacron Chemicals, Inc.

433 N.E.2d 572, 69 Ohio St.2d 608, 459 U.S. 857, 103 S.Ct. 127, 74 L.Ed.2d 110 (1982)

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Blankenship v. Cincinnati Milacron Chemicals, Inc.

Ohio Supreme Court
433 N.E.2d 572, 69 Ohio St.2d 608, 459 U.S. 857, 103 S.Ct. 127, 74 L.Ed.2d 110 (1982)

SC

Facts

Blankenship, et al. (plaintiffs) brought suit against their employer, Cincinnati Milacron Chemicals, Inc. (CMC) (defendant), alleging that CMC knew that certain fumes the plaintiffs were exposed to one the job were hazardous, but did not report it to the employees or anyone else and did nothing to prevent the employees from inhaling the fumes. CMC argued that it is immune from liability because the Ohio Constitution and the Ohio Workers’ Compensation Act grant employers immunity from tort actions brought by their employees. The trial court dismissed the claim on these grounds and the court of appeals affirmed. The plaintiffs appealed.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

Dissent (Holmes, J.)

Dissent (Krupansky, J.)

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