Ohio § 2307.241

§ 2307.241.

(A) As used in this section, “chiropractic claim,” “chiropractor,” “dental claim,” “dentist,”

“medical claim,” “optometric claim,” “optometrist,” “physical therapist,” “physician,”

and “podiatrist” have the same meanings as in section 2305.113 of the Revised Code . (B) In a tort action alleging respondeat superior or vicarious liability, the following

apply: (1) If liability arises against both a principal and agent, master and servant, employer

and employee, or other persons having a vicarious liability relationship, the injured

party may sue either the primarily liable agent, servant, employee, or person or the

secondarily liable principal, master, employer, or person, or both. (2) For the injured party to prevail in a tort action alleging respondeat superior or

vicarious liability against a secondarily liable principal, master, employer, or other

person, both of the following apply: (a) A primarily liable agent, servant, employee, or person committed the act or omission

on which the tort action is based, while in the course of, and within the scope of,

that agent's, servant's, employee's, or person's agency or servant relationship with,

or employment by, the secondarily liable principal, master, employer, or other person. (b) A primarily liable agent, servant, employee, or person is not a necessary party to

the tort action alleging respondeat superior or vicarious liability against a secondarily

liable principal, master, employer, or other person, unless the tort action is any

of the following: (i) An action upon a medical claim against a physician, podiatrist, or physical therapist; (ii) An action upon a dental claim against a dentist; (iii) An action upon an optometric claim against an optometrist; (iv) An action upon a chiropractic claim against a chiropractor; (v) An action upon a legal malpractice claim against an attorney. (C) Nothing in this section modifies the legal principle that the respondeat superior

or vicarious liability of a principal, master, employer, or person is derivative of

the liability of an agent, servant, employee, or person.  In order for a principal, master, employer, or person to be found liable for the

act or omission on which a tort action is based, an agent, servant, employee, or person

shall have committed such act or omission while in the course of, or within the scope

of, the agent's, servant's, employee's, or person's agency or servant relationship

with, or employment by, the principal, master, employer, or other person.