Evans v. Ohio Dept. of Rehab. & Corr.

Inmate Assault, Rape, Negligence, Damages, Stipulation. Defendant stipulated that its employees breached their duty of care towards plaintiff after eight inmates entered plaintiff's cell, then assaulted and raped plaintiff for approximately 90 minutes before staff intervention. A trial was held on the issue of damages. The magistrate found that the testimony of plaintiff's treating physician, who also served as defendant's medical expert, was credible in that plaintiff's hip injuries were consistent with normal wear and tear, not an acute injury from the attack. The magistrate further found that plaintiff had proven pain and suffering damages from the attack and recommended an award of $175,000.00 in compensatory damages.

The Court of Claims of Ohio did not err in granting appellee's Civ.R. 12(B)(1) motion to dismiss for lack of subject-matter jurisdiction. The collective bargaining agreement between the parties provides for final and binding arbitration, and all three of appellant's claims relate to employment matters covered by the collective bargaining agreement. Thus, pursuant to R.C. 4117.10(A), arbitration was appellant's exclusive remedy, and the Court of Claims lacked subject-matter jurisdiction to hear her claims. Judgment affirmed.