Hicks v. Union Twp., Clermont Cty., Trustees

Civ.R. 56, hostile work environment, constructive discharge. Plaintiff failed to produce a genuine issue as to any material fact that he was subjected to a hostile work environment based on his race or national origin, or that he was constructively discharged. The alleged hostile actions and commentary made by other employees were not racially based and did not materially disrupt plaintiff's work. As plaintiff's experiences amounted to no more than ordinary tribulations of the workplace, plaintiff's hostile work environment claims failed. For the same reasons, plaintiff failed to sustain his constructive discharge claim. Summary judgment was granted in favor of defendant pursuant to Civ.R. 56.

Civ.R. 56; motion for summary judgment; University of Toledo Athletic Department; athletics; negligent misrepresentation; promissory estoppel; negligence; discretionary immunity. In an action where plaintiff was removed from University of Toledo's women's soccer team, the court found that defendant was entitled to discretionary immunity for the decision to remove plaintiff from the team. Defendant was entitled to summary judgment on plaintiff's claim for negligent misrepresentation because plaintiff failed to demonstrate that defendant supplied false information to plaintiff that the document plaintiff signed was a National Letter of Intent, and therefore, plaintiff failed to satisfy all the elements of the claim. Defendant was also entitled to summary judgment on plaintiff's claim for promissory estoppel because the court found that plaintiff's relationship with University of Toledo was contractual in nature, and therefore, the claim failed as a matter of law. Defendant was further entitled to summary judgment on plaintiff's claim for negligence as the court concluded that plaintiff failed to state a prima facie case for the claim since plaintiff pointed to no facts or supportive law that would allow the court to conclude that a duty of care existed to provide a safe team environment free from abuse, harassment, ridicule, embarrassment, and hostility. Judgment for defendant.

Motion for Summary Judgment, Employment, Age Discrimination, Sex Discrimination. No genuine issues as to any material fact existed regarding plaintiff's claims for age or sex discrimination. Defendant presented legitimate, non-discriminatory reasons for plaintiff's termination. Plaintiff failed to establish a prima facie case by presenting facts which demonstrated that defendant's reasoning for termination of plaintiff's employment was pretextual. Defendant's motion for summary judgment was granted.

Summary Judgment Civ.R 56 Breach of Contract Disability Discrimination Americans with Disabilities Act (ADA) Reasonable Accommodation Retaliation Negligent Infliction of Emotional Distress Unjust Enrichment. Plaintiff was denied admission to defendant's college of medicine because he had previously matriculated at another medical school, not because of a disability or his legal action against his prior medical school. Moreover, plaintiff did not request a reasonable accommodation for admission to make himself otherwise qualified under the ADA. As such, plaintiff was never an enrolled student at defendant's college of medicine and thus no binding contract existed between them. Additionally, defendant's retention of the application fee was not unjust enrichment because the decision to decline admission was exercised with professional judgment. Lastly, declined admission is not actual, or fear of, physical peril as required for negligent infliction of emotional distress. Therefore, the court issued summary judgment in favor of defendant on all claims.