Does Suit Against City Based on Workplace Sexual Assault Assert a Claim that 'Arises Out of Employment Relationship?'

Victim Argues Her Claim Falls Under Exception to Political Subdivision Immunity Law

Lisa Vacha v. North Ridgeville, Ohio (City of), et al., Case nos. 2011-1050 and 2011-1327

Ninth District Court of Appeals (Lorain County)

ISSUE: Does an intentional workplace tort lawsuit filed by a city employee based on being sexually assaulted by a co-worker while both were on duty assert a claim "that arises out of the employment relationship" between the victim and the city, and therefore fall under an exception to the state law that provides political subdivisions with general immunity from civil lawsuits?