Wrongful Termination Cases

CIVIL - denial of judgment on the pleadings final appealable order R.C. 2744.02(C) statutory immunity employee of political subdivision school district malicious purpose, in bad faith, wanton or reckless negligence exceptions to immunity individual capacity official capacity R.C. 2744.02(B) R.C. 2744.03(A)(6).

CIVIL - wrongful death summary judgment expert report ultimate issue Evid.R. 704 common knowledge of the jury speculative Evid.R. 702 inadmissible political subdivision school district employees exception to statutory immunity malicious purpose, in bad faith, or in a wanton or reckless manner.

In this workers' compensation case, Christopher Batey ("Employee") filed a Petition for Benefit Determination after he sustained a back injury while working for Deliver This, Inc. ("Employer"). The trial court determined that Employee was entitled to 275 weeks of permanent partial disability benefits pursuant to Tennessee Code Annotated section 50-6-242(a)(2). On appeal, the Workers' Compensation Appeals Board affirmed the trial court's judgment, holding that the trial court erred in "defining an employee's burden of proof under Tennessee Code Annotated section 50-6-242(a)(2) and in defining the phrase 'employee's pre-injury occupation' as used in subsection 242(a)(2)(B)" but concluding that the errors were harmless under the circumstances presented. Batey v. Deliver This, Inc., No. 2016-05-0666, 2018 WL 805490, at 7 (Tenn. Workers' Comp. App. Bd. Feb. 6, 2018). Employer and its insurer, Auto-Owners Insurance Company, have appealed. Pursuant to Tennessee Supreme Court Rule 51, section 2, this Court directed that the appeal not be referred to the Special Workers' Compensation Panel. Upon our review, we affirm the judgment of the Workers' Compensation Appeals Board and adopt its opinion in its entirety as set forth in the attached Appendix.

An employer of an independent contractor generally is not liable for the negligence of the independent contractor. North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts. A contracting party cannot escape its liability on the contract by merely assigning its duties and rights under the contract to a third party. The remedy for fraud is rescission of the contract and requires returning the parties back to their original positions. Deceit is not an action dependent on a contract it is a tort cause of action, and allows recovery of damages upon proof of an affirmative misrepresentation or suppression of material facts. When a party requests leave to amend without requesting additional discovery and a summary judgment motion has been docketed, the proposed amendment must be both theoretically viable and solidly grounded in the record. The measure of damages for breach of contract is the amount which will compensate the injured person for the loss which fulfillment of the contract would have prevented or the breach of the contract now requires.

NEGLIGENCE – NEW TRIAL – R.C. 2307.23 – EMPTY-CHAIR DEFENSE: In a wrongful-death action brought by the surviving spouse of a utility worker who died when a rotted utility pole collapsed on him, the trial court did not err in denying the pole inspection company's motion for judgment as a matter of law based upon assumption of the risk: The inspection company cannot invoke the inherently-dangerous-activity exception under Eicher v. U.S. Steel Corp., 32 Ohio St.3d 248, 512 N.E.2d 1165 (1987), because the company did not own or control the premises where the utility worker was injured, the utility worker was not an independent contractor, and the underground rot on a utility pole is not the kind of danger inherent in utility work, such that it cannot be eliminated. The trial court erred in prohibiting defendant pole inspection company from arguing the empty-chair defense with respect to the deceased's employer, and the trial court erred in denying the company's requests to include the employer on the jury interrogatories and verdict form: The plain language of R.C. 2307.23 allows a jury to apportion fault to an employer, even if that employer is immune from suit under the workers' compensation statutes, and the trial court's error is not harmless where reasonable minds could differ as to whether the deceased employer's actions proximately caused the employee's death.

respondeat superior, employee versus independent contractor status, right to control

In this wrongful dismissal case, Sonya Brooks ("Brooks") sued her former employer Roane County and county officials Ron Woody and Gloria Wright ("Defendants"). In a March 9, 2017 order, the Circuit Court for Roane County ("the Trial Court") dismissed Brooks' lawsuit against Defendants with prejudice. The Trial Court reserved taxation of costs for a later date. Brooks filed a notice of appeal on January 10, 2018. Defendants argue that Brooks' appeal was filed untimely. Brooks contends that the March 9, 2017 order was not final and appealable because it reserved the issue of costs. We hold that, in keeping with longstanding Tennessee case law, taxation of costs is incidental and not a factor in determining whether a judgment is final. As Brooks' notice of appeal was not filed timely, we are constrained to dismiss her appeal for lack of jurisdiction.

Administrative Procedure Termination Just Cause Due Process Findings of Fact Conclusions of Law Attorney's Fees Back Pay

The trial court erred in granting Appellees' complaint seeking to enjoin the OHSAA's enforcement of its determination of ineligibility to participate in interscholastic athletics.