FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV-2017-01-0427
H. SCIALDONE, Attorney at Law, for Appellant.
BRYAN CARR, Attorney at Law, for Appellee.
DECISION AND JOURNAL
A. SCHAFER JUDGE.
Defendants-Appellants, City of Green ("Green");
Gerard M. Neugebauer, in his individual capacity and as Mayor
of Green; and Diane A. Calta, in her individual capacity and
as Law Director of Green, appeal the judgment of the Summit
County Court of Common Pleas denying their motion to dismiss
on the basis of statutory immunity. For the reasons that
follow, this Court affirms.
Plaintiff-Appellee, Nick Molnar, is a former employee of the
city of Green. This matter stems from a dispute related to
negotiations between Mr. Molnar and Green regarding Mr.
Molnar's termination. Green is alleged to have agreed to
rescind and destroy all copies of an April 5, 2016 letter
terminating his employment and accepting his resignation.
Pursuant to a subsequent records request made by WOIO Channel
19 (previously named as a defendant in this action), Green
eventually produced this letter as a result of public records
litigation in the Ohio Court of Claims.
Mr. Molnar initiated this action in January 2017 and
proceeded upon an amended complaint filed February 15, 2017.
We explained the nature of the proceedings below in a prior
The complaint stated claims for breach of contract,
negligence, injunctive relief, libel, and a claim for
punitive damages that alleged grossly negligent, reckless,
wanton, and willful conduct. The complaint further stated the
claims were being made against Mr. Neugebauer and Ms. Calta
in both their individual and official capacities. The claims
against WOIO were voluntarily dismissed, and in March 2017,
the remaining defendants filed a Civ.R.12(B)(6) motion to
dismiss for failure to state a claim, arguing, in part, that
they were immune from liability as a political subdivision
and employees thereof. On May 4, 2017, the trial court denied
the motion to dismiss.
Molnar v. City of Green, 9th Dist. Summit No. 28650,
2018-Ohio-1168 ¶ 3 ("Molnar I ").
Green, Mr. Neugebauer, and Ms. Calta appealed the initial
denial of their motion to dismiss. In that prior appeal, this
Court determined that the trial court's entry did not
articulate any analysis of the issues of political
subdivision immunity and, because we could not adequately
analyze the trial court's basis for denying immunity in a
reviewing capacity, we reversed the decision and remanded the
matter. Molnar I, at ¶ 6.
On remand, the trial court again denied the motion to
dismiss. The trial court found that-based on the
pleadings-the application of political subdivision immunity
was premature. Aside from the immunity arguments, the trial
court denied the motion on several other grounds raised by
Green, Mr. Neugebauer, and Ms. Calta in the motion to
Green, Mr. Neugebauer, and Ms. Calta appealed the trial
court's denial of the motion to dismiss raising two
assignments of error for our review. For ease of analysis, we
combine these assignments of error.