Kingston Mound Manor I. v. Keeton
Case Details
- Judge(s)
- Smith
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Outcome
The appellate court affirmed the trial court's dismissal of the tenant's counterclaims for housing discrimination under the Fair Housing Act and Ohio Civil Rights Act, finding the allegations failed to state a viable claim.
Excerpt
CIVIL-DISMISSAL-FAILURE TO STATE A CLAIM-FAIR HOUSING ACT OF 1968/TITLE VIII-OHIO CIVIL RIGHTS ACT-SEXUAL HARASSMENT-INTENTIONAL TORT-AGENCY-AIDED BY AGENCY-VICARIOUS LIABILITY-DIRECT LIABILITY-NEGLIGENCE-NEGLIGENT HIRING AND/OR SUPERVISION - Appellant's counterclaim failed to sufficiently plead claims for quid pro quo sexual harassment and hostile environment harassment under the Fair Housing Act under traditional principles of vicarious liability based upon the doctrine of respondeat superior involving the aided-by-agency theory of vicarious liability. Appellee was not liable for the intentional torts of its employee under a scope-of-employment analysis. Appellant's counterclaim also failed to sufficiently plead direct liability claims for negligent hiring and/or supervision.
What This Ruling Means
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