Employment Law Court Rulings

Board of Education, termination of contract, abuse of discretion, referee's report, findings of fact and recommendation, R.C. 3319.16

R.C. 2323.51, sanctions, frivolous conduct, competent credible evidence, wet basement, magistrate's decision, Civ.R. 53, plain error

Business invitee negligence summary judgment actual notice duty constructive notice hazard affidavit genuine issue of material fact slip fall authentic medical records burden. The trial court did not err by entering summary judgment in favor of defendant. The plaintiff presented no evidence to…

The petitioner, Wanda I. Trinidad, filed a petition for the issuance of a writ of certiorari with this Court, seeking review of a decision by the Retirement Board of the Employee Retirement System of Providence denying her application for accidental-disability benefits, and we granted her petition.…

107412 Final judgment R.C. 3929.06 vacated void summary judgment. Trial court did not err in granting summary judgment to insurers on appellant's R.C. 3929.06 supplemental petition because appellant did not have a final judgment as required by R.C. 3929.06 where the trial court's judgment rendered…

Arbitration agreement motion to stay motion to compel arbitration R.C. 2711.02 R.C. 2711.03 hearing. Judgment reversed and remanded for a hearing. The trial court's grant of defendants' motion to compel arbitration without a hearing was improper. A party may choose to move for a stay, petition for…

The trial court did not err in dismissing an Ohio company's declaratory judgment action where the complaint, in part, did not set forth a live controversy and, where there was a live controversy between the Ohio company and the defendant-Illinois corporation, the resolution of the controversy…

motion to compel arbitration – arbitration agreement - R.C. 2711.03

motion to dismiss, employer intentional tort, particularity, R.C. 2745.01, summary judgment, statute of limitations, evidence, prior proceeding, judicial notice

Civ.R. 56 summary judgment R.C. 4123.01(C) workers' compensation benefits "coming-and-going rule" "zone of employment" totality of the circumstances. The trial court correctly found that Parrish was not entitled to workers' compensation benefits, and properly granted appellee's motion for summary…

The trial court did not err by denying appellant's motion to vacate an arbitration award or by granting appellee's application to confirm the award. The arbitrator's interpretation of procedural rules, interpretation of the parties' collective bargaining agreement, and interpretation of Ohio law…

Negligence liability duty open and obvious causation comparative negligence damages parental consortium magistrate. Plaintiff brought this negligence action after suffering injuries on Defendant's premises. Plaintiff's son also asserted a claim for the loss of parental consortium. Plaintiff…

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.

We granted this Rule 9 interlocutory appeal in this healthcare liabilty action to consider whether termination of representation by plaintiff's prior legal counsel a few weeks before the expiration of the statute of limitations in this healthcare liability action constitutes sufficient…

Disability discrimination perceived prima facie transitory and minor. A plaintiff claiming disability discrimination cannot make out a prima facie case of being perceived as disabled if the plaintiff's injuries are transitory and minor — defined under federal law as an impairment with an actual or…

Because R.C. 119.12(N) expressly limits an agency's right to appeal an adverse ruling of the common pleas court to questions of law relating to the constitutionality, construction, or interpretation of statutes and rules of the agency, the court of appeals did not have jurisdiction of an appeal by…

CIVIL - PUBLIC EMPLOYMENT - PROVISION OF DEFENSE AT PUBLIC EXPENSE - R.C. 2744.07(A)(1) following amendment to this statute, in order for a political subdivision to be required to provide a defense for its employee, the trial court must determine that the employee's act occurred while he was acting…

Appellants, a school district and its employee, appeal the court's decision denying the employee's motion for judgment on the pleadings in a personal injury action. The trial court properly denied the employee's motion where it could not be demonstrated, beyond doubt, that the plaintiff had no…

Summary judgment race discrimination promissory estoppel overtime hours discovery motions. Trial court erred by granting summary judgment to defendant-employer regarding employee's race discrimination claim, because there are genuine issues of material fact. Summary judgment was properly granted to…