Guy v. Arthur H. Thomas Co

In Guy v. Arthur H. Thomas Co. (1978), 55 Ohio St.2d 183, 378 N.E.2d 488, the plaintiff, a lab technician at a hospital, alleged that she contracted mercury poisoning while performing her employment duties. She alleged that the hospital failed to properly diagnose her condition, which led to an aggravation of her injuries. The trial court determined that the hospital was entitled to workers' compensation immunity. The Ohio Supreme Court determined that the plaintiff could maintain a medical malpractice action against the hospital, notwithstanding the bar to employee civil actions provided in the workers' compensation statutes. The court stated: "Where an employer-hospital occupies a second or dual capacity, as an administering hospital, that confers upon it traditional obligations unrelated to and independent of those imposed upon it as an employer, an employee injured, as a result of a violation of the obligations springing from employer-hospital's second or dual capacity, is not barred by either Section 35 of Article II of the Ohio Constitution or R.C. 4123.74, Ohio Workers Compensation Law, from recovering in tort from that employer-hospital." Id. at syllabus. Thus, the court determined that by providing treatment to the employee, the hospital assumed the traditional obligations attendant to a hospital-patient relationship, which obligations were "unrelated to and independent of those imposed upon it as an employer." Id. at syllabus.