Upon passage of the Ohio Court of Claims Act of 1975, the State of Ohio waived its sovereign immunity and consented to be sued in a court established solely for that purpose. Within a relatively short period of time, the Ohio Court of Claims has made a significant imprint on the development of tort law in Ohio, distinguishing itself in its efforts to provide an effective forum for those injured by the state or one of its instrumentalities while defining the limits beyond which state liability for tortious conduct will not extend. As might be expected of a new court interpreting a new statute, the court of claims at times has been a little too zealous in guarding the boundaries of governmental liability, and the methods of analysis employed by it have lacked the precision that comes with experience. This article is aimed at assisting practitioners before the court by analyzing areas that need clarification or re-examination so that the court, with the assistance of those who practice before it, may move toward greater accuracy and consistency in carrying out the remedial objective of the Act.
Lawrence P. Wilkins,
Tort Claims against the State: Comparative and Categorical Analyses of the Ohio Court of Claims Act and Interpretations of the Act in Tort Litigation against the State,
28 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol28/iss2/3