going and coming rule (Ohio) · Go Syfert
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going and coming rule in Ohio

6 Ohio opinions name it 2 courts 1983–2000 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Caygill v. Jablonskigreen
ohioctapp · 1992 · cited in 1 Ohio opinions naming this issue, 2000–2000
2 sentences

2000See, also, Annotation, Right to Maintain Direct Action Against Fellow Employee for Injury or Death Covered by Workmen’s Compensation (1968), 21 A.L.R.3d 845 , 1968 WL 15836 . {¶ 8} In Caygill v. Jablonski (1992), 78 Ohio App.3d 807, 818 , 605 N.E.2d 1352, 1359 , the authority upon which Donnelly primarily relies, the court of appeals held that a coemployee is not immune from tort liability under R.C. 4123.741, where, at the time of injury, the coemployee was engaged in horseplay disconnected from his employment.

2000See, also, Annotation, Right to Maintain Direct Action Against Fellow Employee for Injury or Death Covered by Workmen’s Compensation (1968), 21 A.L.R.3d 845 , 1968 WL 15836 . {¶ 8} In Caygill v. Jablonski (1992), 78 Ohio App.3d 807, 818 , 605 N.E.2d 1352, 1359 , the authority upon which Donnelly primarily relies, the court of appeals held that a coemployee is not immune from tort liability under R.C. 4123.741, where, at the time of injury, the coemployee was engaged in horseplay disconnected from his employment.

11
MTD Products, Inc. v. Robatingreen
ohio · 1991 · cited in 1 Ohio opinions naming this issue, 1995–1995
2 sentences

1995See Robatin, supra, 61 Ohio St.3d at 69-70 , 572 N.E.2d at 664-665 .

1995See Robatin, supra, 61 Ohio St.3d at 69-70 , 572 N.E.2d at 664-665 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Industrial Commission v. Heil green
ohio · 1931
2 sentences

1998Comm. v. Heil (1931), 123 Ohio St. 604 , 176 N.E. 458 , the court held the going-and-coming rule applicable to a plant superintendent who “had no duties to perform for the company at any place other than at the abattoir plant.” (Emphasis added.) Id., 123 Ohio St. at 604 , 176 N.E. at 459 .

1998Comm. v. Heil (1931), 123 Ohio St. 604 , 176 N.E. 458 , the court held the going-and-coming rule applicable to a plant superintendent who “had no duties to perform for the company at any place other than at the abattoir plant.” (Emphasis added.) Id., 123 Ohio St. at 604 , 176 N.E. at 459 .

21998–1998
Industrial Commission v. Gintert green
· 1934
2 sentences

1998Comm. v. Gintert (1934), 128 Ohio St. 129 , 190 N.E. 400 , the court held the going-and-coming rule applicable to a school teacher whose sole place of employment was a particular school building.

1998Comm. v. Gintert (1934), 128 Ohio St. 129 , 190 N.E. 400 , the court held the going-and-coming rule applicable to a school teacher whose sole place of employment was a particular school building.

21998–1998
Askew v. City of Akron neutral
ohctcomplsummit · 1969
2 sentences

1991Moreover, while there is some broad language in a Summit County Common Pleas Court case supporting appellant, see Askew v. Akron (1969), 17 Ohio Misc. 129 , 46 O.O.2d 176 , 244 N.E.2d 805 , we are bound by the Supreme Court of Ohio and we cannot overrule their past cases.

1991Moreover, while there is some broad language in a Summit County Common Pleas Court case supporting appellant, see Askew v. Akron (1969), 17 Ohio Misc. 129 , 46 O.O.2d 176 , 244 N.E.2d 805 , we are bound by the Supreme Court of Ohio and we cannot overrule their past cases.

11991–1991
Littlefield v. Pillsbury Co. green
ohio · 1983
2 sentences

1991Appellant’s second argument is based upon the special hazard exception to the going-and-coming rule, as formulated in Littlefield v. Pillsbury Co. (1983), 6 Ohio St.3d 389 , 6 OBR 439, 453 N.E.2d 570 .

1991Appellant’s second argument is based upon the special hazard exception to the going-and-coming rule, as formulated in Littlefield v. Pillsbury Co. (1983), 6 Ohio St.3d 389 , 6 OBR 439, 453 N.E.2d 570 .

11991–1991
Hammond v. the Great Atlantic & Pacific Tea Co. green
nj · 1970
2 sentences

1983The going and coming rule has been criticized as having “produced many harsh results which led courts to carve out numerous exceptions to it.” Hammond v. Great Atlantic & Pacific Tea Co. (1970), 56 N.J. 7, 11 , 264 A. 2d 204 .

1983The going and coming rule has been criticized as having “produced many harsh results which led courts to carve out numerous exceptions to it.” Hammond v. Great Atlantic & Pacific Tea Co. (1970), 56 N.J. 7, 11 , 264 A. 2d 204 .

11983–1983

Statutes the citing opinions construe

OH § Ohio Rev. Code § 4123.01 (5) OH § Ohio Rev. Code § 4123.95 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 107 (1928–2026) NJ 44 (1962–2023) FL 31 (1971–2023) OR 25 (1970–2021) AR 25 (1960–2025) NM 23 (1962–2018) MD 19 (1970–2019) KS 15 (1995–2020) AZ 14 (1967–2015) PA 12 (1991–2021) LA 12 (2001–2025) SC 12 (1994–2025) UT 9 (1995–2019) IA 8 (1955–2019) MI 8 (1980–2020) KY 8 (1959–2024) MO 7 (1966–2019) WV 7 (1974–2018) WA 7 (1983–2016) OK 7 (1981–2016) VA 6 (1988–2025) ID 6 (1977–2019) NC 6 (1989–2011) OH 6 (1983–2000) AK 6 (1964–2001) DE 5 (1993–2018) AL 5 (1987–2016) MS 4 (1969–2019) NV 4 (2005–2022) RI 4 (1987–2022) MT 3 (1987–1998) ME 3 (1985–2010) SD 3 (2005–2021) NH 2 (1977–2022) DC 2 (2022–2023) CO 2 (2006–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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