University of Cincinnati

Summary judgment Civ.R. 56. The court found that the driver of the car in an accident was not an employee of defendant and there was not a principal-agent relationship between defendant and the driver. Further, the court determined that judicial restraint cautioned against issuing a premature ruling on a potential declaratory judgment claim relative to defendant's automobile liability coverage agreement. Summary judgment granted in favor of defendant.

Where a plaintiff in a complaint in the Court of Claims for breach of contract alleges breaches more than two years before its filing but fails to allege any breaches within two years of its filing or that breaches are ongoing, there is a facial showing that the two-year statute of limitations for actions in the Court of Claims bars the action. Where the Court of Claims makes such a finding that the statute of limitations has run, it satisfies the requirements for dismissal pursuant to Civ.R. 12(B)(6) for failure to state a claim, but granting a motion to dismiss pursuant to Civ.R. 12(B)(1) for lack of subject matter jurisdiction based on facts not in the record such as being subject to a collective bargaining agreement is error. Judgment affirmed in part and reversed in part.

The trial court's judgment finding that appellant failed to carry his ultimate burden of demonstrating that the adverse employment action resulted from unlawful discrimination was not against the manifest weight of the evidence.

Mandamus to compel State Employment Relations Board to issue a complaint and conduct a hearing on University of Cincinnati's unions' unfair labor practice charge granted, when—Mandamus appropriate remedy to obtain judicial review of orders by SERB dismissing unfair labor practice charge for lack of probable cause.