APPEAL from the Court of Claims of Ohio Ct. of Cl. No. 2012-05321.
Barron Brown, pro se.
Michael DeWine, Attorney General, and Kristen S. Boggs, for appellee.
(¶ 1} Plaintiff-appellant, Barron Brown, appeals from the judgment of the Court of Claims of Ohio granting a motion to dismiss filed by defendant-appellee, the Ohio Department of Rehabilitation and Correction ("ODRC"). For the following reasons, we affirm the judgment of the trial court.
I. FACTUAL AND PROCEDURAL BACKGROUND
(¶ 2} According to appellant's complaint, he is currently incarcerated at Chillicothe Correctional Institution ("CCI") where he is serving a mandatory 20-year sentence. The complaint asserts that, arising out of litigation in federal court, he and a class of inmates housed at CCI entered into a settlement agreement with appellee wherein appellee agreed to remediate asbestos in several CCI housing units. In this action, appellant seeks compensation for "Negligent Intentional Infliction of Emotional Distress, " due to the alleged exposure of "unreasonable dangerous levels of unabated, exposed, and fiable [sic] asbestos" at CCI, where he has been housed for the previous eight years. (Complaint 1, 2.) According to appellant's complaint, because of such prolonged exposure, he now suffers from "CANCERPHOBIA." (Complaint, 3.)
(¶ 3} Appellee filed a motion to dismiss pursuant to Civ.R. 12(B)(1) and (6). The trial court granted the motion to dismiss, pursuant to Civ.R. 12(B)(6), after finding appellant's complaint failed to state a claim upon which relief could be granted.
II. ASSIGNMENTS OF ERROR
(¶ 4} This appeal followed, and appellant brings the following two assignments of error for our review:
[I.] The Trial Court Abused It's [sic] Discretion by Dismissing Plaintiffs Complaint Where The Law Clearly has been established That Plaintiffs Claims are To Be Tried To A Jury.
[II.] The Court of Claims Abused Its Discretion By Ruling That Appellant Did Not State Upon Which Relief Could Be Sought.
A. Second Assignment of Error