COLUMBUS, Ohio – The Supreme Court of Ohio has made a ruling that could have significant implications for an Ohio State University student’s lawsuit seeking a refund for the closure of campus during the COVID-19 pandemic. In a close vote of 4-3, the court decided that the Ohio’s 10th District Court of Appeals must reconsider the case.
The central issue at hand is whether OSU is entitled to “discretionary immunity” for its decision to close the campus in the middle of the Spring 2020 semester while still retaining fees paid by students for the time of closure. The university argues that it should be protected from legal action due to this discretionary immunity.
Previously, the Ohio Court of Claims had allowed the students to proceed as a class in their quest for refunds. However, OSU appealed this ruling, claiming that the court should not have considered the lawsuit and that they should be granted discretionary immunity. The 10th District Court of Appeals, while acknowledging OSU’s argument, determined that it could not make a decision on the matter until the Court of Claims had addressed it first.
Chief Justice Sharon Kennedy weighed in on the issue, stating that discretionary immunity does indeed prevent the Court of Claims from considering a lawsuit. She reasoned that the 10th District Court of Appeals should be the appropriate venue to decide whether the students have the right to sue the university.
However, Justice Jennifer Brunner had a dissenting opinion. She believes that the case should be sent back to the Court of Claims, which should be the entity to consider OSU’s discretionary immunity claim. Brunner expressed concern that the majority decision could lead to delays not only in this case but also in future cases involving governmental agencies.
The outcome of this appeal is eagerly awaited as it could potentially have wide-ranging implications for students seeking compensation for disruptions caused by the pandemic. It remains to be seen how the Court of Appeals will approach this case and whether the students will eventually be allowed to proceed with their lawsuit against Ohio State University.