Employment Law Court Rulings

Slip and fall; premises liability; open and obvious; unnatural accumulation; black ice; summary judgment; actual or constructive notice. The judgment of the trial court, granting summary judgment in favor of defendant-appellee Apple Ohio LLC, is affirmed. The undisputed facts in the record indicate…

The defendants, J and his company, F Co., appealed from the judgments of the trial court rendered following jury verdicts for the plaintiffs in three underlying consolidated actions that arose out of the 2012 mass shooting at the Sandy Hook Elementary School in Newtown. The court had defaulted the…

Workers' compensation—Temporary-total-disability compensation—R.C. 4123.56—Employee who had already been terminated for violation of employment policies before his shoulder surgery was not "unable to work" as "direct result of an impairment arising from an injury or occupational disease" under…

The trial court erred in part by granting summary judgment to appellees, a commercial applicator and his employer, on the landowners' claims for damages to their vineyard as a result of herbicide drift from an herbicide application to a neighboring farm. While summary judgment was properly entered…

Summary judgment judgment on the pleadings retaliation R.C. 4112.02(I) adverse employment action breach of fiduciary duty wrongful termination in violation of public policy self-serving affidavits notice of appeal. Summary judgment in favor of defendants affirmed where plaintiff-employee failed to…

Wrongful termination in violation of public policy judgment on the pleadings summary judgment R.C. 4101.11. Trial court properly granted judgment on the pleadings to employer on wrongful termination in violation of public policy claim due to workplace safety, where Appellants failed to cite to an…

The trial court did not err in finding that the Unemployment Compensation Review Commission's decision, denying appellant's claim for unemployment compensation benefits, was not unlawful, unreasonable, or against the manifest weight of the evidence. Evidence in the record supported the commission's…

The trial court's ruling was not an abuse of its discretion that resulted in material prejudice to appellant as it is not unreasonable to find that the petition filed by appellee against her ex-husband in a divorce proceeding was irrelevant as it involved an unrelated matter and a different…

Husband's appeal of the property division in a divorce decree was not moot where Wife's evidence failed to demonstrate that he had satisfied that portion of the judgment. The trial court did not abuse its discretion in failing to compensate Husband for Wife's claiming their minor son as a dependent…

The plaintiff sought to recover damages for the alleged wrongful termination of her employment by the defendant, which she claimed was the result of pregnancy discrimination in violation of the Connecticut Fair Employ- ment Practices Act (§ 46a-51 et seq.). The defendant hired the plaintiff to work…

Claim for unpaid overtime wages App.R. 9(B) duty to file a transcript. Appellant failed to file a transcript of the trial that is the basis of her appeal. Accordingly, we have nothing to review and must presume the regularity of the lower court's proceedings.

While there is no evidence to support the commission's determination that the hearing officer made a clear mistake of law, the commission did not abuse its discretion invoking continuing jurisdiction based on a clear mistake of fact. There is also some evidence to support the conclusion that the…

Home health aide sought workers' compensation benefits after she fell in the wet grass in the side yard of her client's home and sustained an injury to her back. The employee had completed her shift, had stayed with the client (a long-time friend) for approximately 15 minutes after her shift, and…

The trial court erred by overruling appellants' motion to dismiss under Civ.R. 12(B)(6) as the motion related to appellees' claims against 10 unnamed employees of appellants. Appellees claims against these defendants should have been dismissed because appellees did not satisfy the requirements of…

Trial court erred by limiting cross-appellant's award of damages for appellant's breach of the non-compete provision in the independent contractor agreement to the additional salary cross-appellant would have earned from his limited liability company if appellant had not beached the agreement.…

Summary judgment prima facie case sexual harassment gender discrimination retaliation. The trial court did not err in granting the appellees' motion for summary judgment because the appellant did not establish a prima facie case for sexual harassment, gender discrimination, or retaliation.

attorney-client privilege – emails – drafts – communications between client and attorney – communications between employees – legal advice – business purpose

A medical corporation cannot directly commit medical malpractice and may be held vicariously liable only when one or more of its principals or associates are liable for medical malpractice. Thus, when a doctor who is a shareholder of a medical corporation, rather than a traditional employee, is…

The plaintiff, who was a remainder beneficiary of a revocable trust, brought an action for damages against his sisters, B and R, and against D, the administrator of the estate of the plaintiff's mother, S, in connection with the administration of the trust. The plaintiff claimed, inter alia, that B…

Summary judgment agency apparent authority successor in interest statute of frauds equity fraudulent misrepresentation unjust enrichment civil conspiracy deposition. Plaintiff-appellant loaned over $400,000 dollars to the owner of Barker Products, which began suffering financial difficulties. The…

The plaintiff sought to recover damages from the defendants, H and city of New Haven, for injuries she sustained when she was struck by a police cruiser driven by H while she was a pedestrian crossing a city street. Following a bench trial, the trial court found in favor of the plaintiff and…

SUMMARY JUDGMENT – RESPONDEAT SUPERIOR – NEGLIGENT HIRING – EMPLOYER/EMPLOYEE: Trial court did not err in granting summary judgment in favor of defendants-appellees on plaintiff's respondeat superior and negligent hiring, supervision, and retention claims where the plaintiff offered no proof that…

Workers' compensation—Whether a claimant has voluntarily retired or has abandoned the workforce is a question of fact for the Industrial Commission to determine—A court must uphold a factual determination by the commission so long as it is supported by some evidence in the record, regardless of…

public record R.C. 149.43 court of claims R.C. 2743.75 business negotiation attorney-client waive common interest work product trade secret reasonable period of time draft ambiguous redact. Requester sought copies of email between respondent and the Cincinnati Bengals organization during…

Summary judgment in favor of appellee on claims of disability discrimination and retaliation is appropriate where appellant provided no evidence that he was able to perform the functions of the job, even with a reasonable accommodation, or that he engaged in a protected activity, respectively.…

Public records—R.C. 149.43—Mandamus—Statutory damages and attorney fees—Court of appeals' judgment denying writ of mandamus and requests for statutory damages and attorney fees affirmed.