Blankenship v. Cincinnati Milacron Chemicals, Inc. Ohio Sup. Ct.,

69 Ohio St.2d 608, 433 N.E.2d 572 (1982)

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Nature of the Case

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Facts

Blankenship (P) and seven other former or current employees of Milacron (D) sued D for intentionally failing to warn them of the dangerous nature of exposure to certain chemicals within the scope of their employment. Ps alleged that D knew of the conditions and that they could cause injury but still failed to warns Ps and its employees. Ps also alleged that D failed to provide medical examinations as required by law and that D had failed to notify the appropriate state and federal agencies as required under the law. Ps also alleged that the omissions by D were intentional, willful, and malicious. The trial court dismissed the action because it was barred by relevant sections of the Ohio Constitution and the Ohio Workers' Compensation Act; it provided total immunity from civil suit. P appealed. The Ohio Supreme Court granted a hearing.