MCDERMOTT v. OHIO STATE UNIVERSITY (2024)

Supreme Court of Ohio.

MCDERMOTT, Appellee, v. OHIO STATE UNIVERSITY, Appellant.

No. 2023-0202

Decided: April 03, 2024

Merriman Legando Williams & Klang, L.L.C., Drew Legando, Tom Merriman, and Edward S. Jerse, Cleveland, for appellee, Morgan McDermott. Squire Patton Boggs (U.S.), L.L.P., John R. Gall, Traci L. Martinez, Christopher F. Haas, Columbus, E. Joseph D'Andrea, Elizabeth P. Helpling, and Roger M. Gold, Cleveland, for appellant.

{¶ 1} The judgment of the Tenth District Court of Appeals is reversed on the authority of Smith v. Ohio State Univ., ––– Ohio St.3d ––––, 2024-Ohio-764, ––– N.E.3d ––––, and the cause is remanded to that court for it to determine whether discretionary immunity applies in this case.

Kennedy, C.J., and Fischer, DeWine, and Deters, JJ., concur. Stewart, J., concurs based only on stare decisis. Donnelly and Brunner, JJ., dissent for the reasons set forth in Justice Brunner's dissenting opinion in Smith.

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