Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Meminger v. Ohio State University

Court of Appeals of Ohio, Tenth District

December 28, 2017

Sherri Meminger, Plaintiff-Appellant,
v.
Ohio State University, Defendant-Appellee.

         APPEAL from the Court of Claims of Ohio Ct. of Cl. No. 2016-00808

         On brief:

          Rosenberg & Ball Co., LPA, and David T. Ball, for appellant.

          Michael DeWine, Attorney General, Lee Ann Rabe, and Howard H. Harcha, IV, for appellee.

         Argued:

          David T. Ball.

          Lee Ann Rabe.

          DECISION

          BROWN, J.

         {¶ 1} This is an appeal by plaintiff-appellant, Sherri Meminger, from a judgment of the Court of Claims of Ohio dismissing her claim for intentional infliction of emotional distress pursuant to Civ.R. 12(B)(6).

         {¶ 2} On November 2, 2016, appellant filed a complaint against defendant-appellee, The Ohio State University. In the complaint, appellant alleged she had been employed by appellee as an emergency room secretary at The Ohio State University Hospital East ("OSU East"), and that appellee had wrongfully terminated her for allegedly engaging in inappropriate, threatening, and retaliatory behavior toward staff members of the hospital. The complaint alleged causes of action for wrongful termination in violation of public policy and intentional infliction of emotional distress.

         {¶ 3} On December 29, 2016, appellee filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Civ.R. 12(B)(6). On January 9, 2017, appellant filed a memorandum in opposition to appellee's motion to dismiss. By entry filed April 17, 2017, the Court of Claims granted appellee's motion to dismiss as to appellant's claim for intentional infliction of emotional distress, but denied appellee's motion to dismiss appellant's claim for wrongful termination in violation of public policy.

         {¶ 4} On April 20, 2017, appellee filed a motion for summary judgment, arguing appellant could not pursue a claim for wrongful termination in violation of public policy because she was not an at-will employee. On May 17, 2017, appellant filed a memorandum in opposition to appellee's motion for summary judgment, asserting there were genuine issues of material fact as to her employment status. By decision filed June 7, 2017, the Court of Claims granted summary judgment in favor of appellee, finding appellant was not an employee-at-will and, therefore, could not state a claim for wrongful termination in violation of public policy as a matter of law.

         {¶ 5} On appeal, appellant sets forth the following assignment of error for this court's review:

The trial court erred in granting Appellee's Motion to Dismiss Appellant's claim for intentional infliction ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.