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WALLACE v. OHIO DEPT. OF COMMERCE, DIV. OF STATE FIRE MARSHAL

No. 2000-2178.

96 Ohio St.3d 266 (2002)

2002-Ohio-4210

WALLACE ET AL., APPELLANTS, v. OHIO DEPARTMENT OF COMMERCE, DIVISION OF STATE FIRE MARSHAL, APPELLEE.

Supreme Court of Ohio.

Decided September 4, 2002.

Attorney(s) appearing for the Case

Waite, Schneider, Bayless & Chesley Co., L.P.A., Stanley M. Chesley, Paul M. De Marco, Robert A. Steinberg, D. Arthur Rabourn and Jane H. Walker, for appellants.

Betty D. Montgomery, Attorney General, Stephen P. Carney, Associate Solicitor, William C. Becker, Randall W. Knutti and Rebecca L. Thomas, Assistant Attorneys General, for appellee.

Vorys, Sater, Seymour & Pease, L.L.P., Duke W. Thomas, Anthony J. O'Malley and Marcel C. Duhamel, urging reversal for amicus curiae OHA: The Association of Hospitals and Health Systems.

Jenks, Surdyk, Oxley, Turner & Dowd Co., L.P.A., Robert J. Surdyk and James Ickes, urging affirmance for amici curiae Public Entities Pool of Ohio and Ohio Township Association Risk Management Authority.

COOK, J.

{¶ 1} This case asks us to decide whether the state may raise the public-duty rule as a bar to liability in an action in the Court of Claims alleging negligent inspection by the Ohio Department of Commerce, Division of the Fire Marshal ("fire marshal"). Because the public-duty rule is inconsistent with the express language of the Court of Claims Act, we hold that the state may not.

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