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Co-Employee Immunity

In Bungard v. Jeffers, 2014-Ohio-334, an employee was injured when his car collided with the car of a co-employee in the employer’s parking lot while both employees were reporting to work. The parking lot was owned and controlled by a non-complying state fund employer. The injured employee filed a negligence action against the co-employee which resulted in a jury verdict in the amount of $723,751.00. On appeal, the Fourth District Court of Appeals held that because the employee’s injuries arose out of and in the course of his employment and the collision occurred within the zone of his employment, the co-employee was entitled to immunity from civil liability as a matter of law under R.C. 4123.741. The appellate court reversed the judgment for the employee and directed the trial court to dismiss the case. The employee’s exclusive remedy for his injuries was under the workers’ compensation law.  Click here to read the full case.

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