Mobley v. Wright State Univ.

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[Cite as Mobley v. Wright State Univ., 2005-Ohio-7012.] IN THE COURT OF CLAIMS OF OHIO www.cco.state.oh.us BRENDA D. MOBLEY : Plaintiff : v. CASE NO. 2005-07445 Judge Joseph T. Clark : JUDGMENT ENTRY WRIGHT STATE UNIVERSITY Defendant : : : : : : : : : : : : : : : : : : : {¶ 1} This case came before the court on November 2, 2005, for an evidentiary hearing to determine civil immunity issues raised pursuant to R.C. 2743.02(F) and 9.86. {¶ 2} Upon review of all the evidence submitted and after considering the credibility of the witnesses as well as the arguments of counsel, the court found that Kathleen Glaus and John Rudisill acted within the scope of their employment with defendant at all times and during all interactions regarding plaintiff that are at issue in this case. Based upon the totality of the evidence presented at trial, the court also found that plaintiff failed to prove, by a preponderance of the evidence, that the above-listed individuals acted with malicious purpose, in bad faith, or in a wanton or reckless manner toward plaintiff. Consequently, the above-mentioned personal individuals are entitled to immunity pursuant to R.C. 2743.02(F) and 9.86, and the courts of common pleas do not have jurisdiction over civil actions against them based on the alleged actions or inactions in this case. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. Case No. 2005-07445 -2- JUDGMENT ENTRY {¶ 3} The court further finds that this case is ready to be set for trial in the normal course. ________________________________ JOSEPH T. CLARK Judge Entry cc: Jonathan Hollingsworth 137 N. Main Street, Suite 1002 Dayton, Ohio 45402-1772 Attorney for Plaintiff Randall W. Knutti Assistant Attorney General 150 East Gay Street, 23rd Floor Columbus, Ohio 43215-3130 Attorney for Defendant SJM/cmd Filed November 15, 2005 To S.C. reporter December 29, 2005

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