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Rosenshine v. Medical College Hospitals10/25/2005
.02(F), the Court of Claims has exclusive jurisdiction to determine, "initially," whether a state employee is immune from liability, and the resolution of the issue determines jurisdiction in the common pleas court over the civil action relating to the alleged action or inaction of the state employee. MCH argues that the Court of Claims statement that there was no immunity issue "at this time," in its December 15, 1998 entry, operated as the court's "initial" determination. We disagree. The court was merely recognizing that there was no immunity issue to be resolved, at that time. That is different than finding that the employee is not entitled to personal immunity. Furthermore, when and why the issue of Dr. Grubb's immunity was raised is not pertinent in the final analysis regarding MCH's second assignment of error. We resolve that because claiming personal immunity pursuant to R.C. 9.86 in the court of common pleas is tantamount to alleging a lack of subject-matter jurisdiction, the issue was not waived by Dr. Grubb. Therefore, we overrule MCH's second assignment of error.
{ } Considering our disposition of MCH's first assignment of error, its third assignment of error is moot. Additionally, Ms. Rosenshine's two assignments of error are also moot.
{ } For the foregoing reasons, we sustain MCH's first assignment of error, which renders its third assignment of error, as well as Ms. Rosenshine's two assignments of error, moot. MCH's second assignment of error is overruled. Accordingly, the judgment of the Court of Claims of Ohio is reversed, and this cause is remanded to that court for further proceedings in accordance with law and consistent with this opinion.
Judgment reversed and cause remanded.
FRENCH and McGRATH, JJ., concur.
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