Employment Law Court Rulings

summary judgment, Civ.R. 56, retaliation, genuine issue of material fact, Civ.R. 15(A), amended complaint

R.C. 2711.01, arbitration, R.C. 2711.02, stay of trial pending arbitration, economic duress, procedural and substantive unconscionability. The trial court's grant of appellee's motion to stay the proceedings pending arbitration is supported by the record. Appellant has failed to demonstrate the…

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…

The trial court did not err by entering summary judgment for Appellees on Appellant's claim for workers' compensation benefits for injuries sustained in an assault. Appellant did not receive his injuries "in the course of" his employment, and the injuries did not "arise out of" his employment.…

The trial court erred in awarding appellee attorney fees for alleged frivolous conduct by appellant pursuant to R.C. 2323.51(A)(2)(a)(ii). The court sustains appellant's assignment of error that the trial court erred in finding appellant's claims of age discrimination were not warranted under…

The parties in this case are before the Supreme Court on cross-appeals from a Superior Court judgment following a jury verdict in favor of the plaintiff, Matthieu W. Yangambi (plaintiff), on a single claim of employment discrimination based on national origin. The defendants, the Providence School…

The trial court did not err by entering summary judgment for Appellee on Appellant's claim for workers' compensation benefits. Generally, the coming-and-going rule bars compensation of a fixed-situs employee for injuries which occur off the work premises. Neither the zone-of-employment exception or…