Employment Law Court Rulings

CONTRACTS - SETTLEMENT AGREEMENT - CONDITION PRECEDENT: The trial court did not err in failing to enforce a settlement agreement in a wrongful-termination lawsuit where a condition precedent, that an independent advisor must approve the company's employee stock ownership plan's purchase of the…

NCGS 97-2(5) determination of average weekly wages less than 52 weeks employment exceptional circumstances exclusion of outside employment wages.

Civ.R. 56/summary judgment disability discrimination. The trial court erred by granting summary judgment in appellee's favor. Appellant presented evidence sufficient enough to create a genuine issue of material fact.

NEGLIGENCE/SLIP/FALL: Summary judgment was properly granted in favor of defendant restaurant owner on plaintiff customer's negligence claim stemming from her trip and fall down a handicap ramp outside the restaurant where the restaurant owner presented uncontroverted evidence that the ramp and its…

Trial court abused its discretion in denying motion for default on claim for breach of independent contractor agreement where plaintiff's complaint stated facts going to each element of his claim and defendant LLC failed to answer through licensed attorney. Default judgment was properly denied as…

Writ of mandamus denied as relator did not show that the average weekly wage set by the commission was substantially unjust. Relator did not meet the burden of proof to trigger application of the exceptions in R.C. 4123.61.

The trial court erred by overruling Appellant's motion to amend his complaint against the defendant tow truck company on the ground that the amendments would be futile. The amendments satisfied Civ. R. 8 and we cannot say "beyond doubt from the complaint that the plaintiff can prove no set of facts…

R.C. 4112.14 to successfully assert an age discrimination claim, a plaintiff must establish a prima facie case plaintiff failed to demonstrate that she had been replaced by a substantially younger person.

Taxation-Charitable-use exemption of real property from taxation-R.C. 5709.12 and 5709.121-Nondiscrimination, rather than quantum of charitable care, is the criterion for charitable-use exemption-Board of Tax Appeals' denial of claim for charitable-use exemption affirmed as to tax year 2006 and…

Breach of contract and unjust enrichment claims brought by commissioned salesman were properly dismissed where sales compensation plan provided a formula by which commissions were calculated, and plaintiff failed to provide evidence that employer failed to follow the plan. Allegation that employer…

Hearing Officer Subpoenas Due Process Manifest Weight of the Evidence Credibility. Where the officer issued a subpoena to obtain evidence relevant to determining whether claimant was terminated for just cause, and the claimant had an opportunity at the hearing to present evidence that he was…

Judgment affirmed. Because the evidence demonstrated that the doctor was not engaged in clinical teaching when she rendered treatment to the plaintiff-patient, the doctor was acting manifestly outside the scope of her State employment and was therefore not entitled to personal immunity under R.C.…