Van Fossen v. Babcock & Wilcox Co‪.‬

HOLMES, J. At the outset, we observe that this case presents two issues concerning actions by employees against their employers grounded
upon an alleged intentional tort: first, whether the recently enacted provisions of R.C. 4121.80, placing various conditions
upon all employer-employee intentional tort actions, may be applied retrospectively to cases awaiting decision in a court
of appeals on the effective date of that statute; and second, whether summary judgment, in the event of the non-applicability
of R.C. 4121.80, was erroneously granted in this case. we answer both queries in the negative, for reasons set forth hereinafter,
and accordingly reverse the appellate court.