Estevez v. A Dozen Cousins, LLC

Ohio Civil Rights Commission discrimination disability R.C. 4112.06 R.C. 4112.05 Americans with Disabilities Act, App.R. 12 App.R. 16 abuse of discretion OCRC record pre-complaint investigation no probable cause finding. Pro se appellant filed a complaint with the Ohio Civil Rights Commission against the Cleveland Clinic Foundation alleging that the hospital discriminated against her based on her disability because the hospital denied her provider of choice after the appellant sent numerous inappropriate messages to her doctor through the hospital's MyChart messaging system. The OCRC made a finding of no probable cause and dismissed her complaint. On appeal to the trial court, the court upheld the commission's decision. On appeal to this court, appellant argued that the OCRC submitted an incomplete record to the trial court, the trial court ignored her evidence, and the OCRC misinterpreted the law. The OCRC did not submit an incomplete record to the trial court and the trial court did not err when it did not consider the pro se appellant's additional filings because they were not part of the commission's record and the trial court determined that it would only consider the commission's record and the parties' briefs. The trial court did not abuse its discretion in determining that the OCRC's finding of no probable cause is not unlawful, irrational, arbitrary or capricious. Appellant did not show that her behavior was caused by her alleged mental disability, but even if she had so shown, the hospital did not terminate the physician-patient relationship because of appellant's alleged disability. The hospital offered to assist appellant to find another provider within the hospital system that could provide more suitable treatment.

Final orders R.C. 2505.02(B)(1) Civ.R. 54(B). The trial court's order granting the defendant's motion for partial summary judgment is not a final, appealable order under R.C. 2505.02(B)(1). In its order, the trial court found that the defendant could not be liable for its physicians' conduct, but the issue of whether the defendant is liable for the conduct of its nonphysician employees remains pending. The case involves a single claim against a single party, and Civ.R. 54(B) does not apply to transform the order into a final order despite the trial court's use of the language "no just reason for delay."

Motion for summary judgment intentional infliction of emotional distress defamation disability discrimination motion to compel motion for sanctions motion to amend complaint. Judgment affirmed. The trial court's grant of defendants' motion for summary judgment was proper when there was no evidence in the record that defendants published plaintiff's medical record acted with extreme or outrageous conduct or discriminated against plaintiff. The trial court's denial of plaintiff's motion for sanctions, motion to compel, and motion to amend her complaint were not an abuse of discretion.