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.

T.B. v. Summit County Children Services Board

Court of Appeals of Ohio, Ninth District, Summit

August 21, 2019

T.B., et al. Appellees
v.
SUMMIT COUNTY CHILDREN SERVICES BOARD, et al. Appellants

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV-2015-09-4526

          DAVID J. HANNA and FRANK G. MAZGAJ, Attorneys at Law, for Appellants.

          WILLIAM T. WHITAKER and ANDREA L. WHITAKER, Attorneys at Law, for Appellees.

          EDMUND M. SAWAN, Attorney at Law, for Defendant.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR JUDGE.

         {¶1} Defendant-Appellants Summit County Children Services Board ("CSB"), John Saros, Dana Klapper, Darlene Baad, and Dawn Averell appeal from the decision of the Summit County Court of Common Pleas. This Court affirms in part and reverses in part.

         I.

         {¶2} In September 2015, Plaintiffs-Appellees T.B., individually, and as the next friend of C.H., and C.W., individually, and as the next friend of R.W., filed an eight-count complaint against CSB, Mr. Saros, Ms. Klapper, Ms. Baad, Ms. Averell, and Roger Ball.

         {¶3} T.B. is the mother of C.H. and C.W. is the mother of R.W. At different times, both C.H. and R.W. were placed in the foster home of Ball. During the relevant times, Mr. Saros was the executive director of CSB, Ms. Klapper was a CSB social worker involved with R.W.'s case, Ms. Averell was a CSB social worker assigned to C.H.'s case, and Ms. Baad was Ms. Averell's supervisor. The CSB employees were sued in their individual and official capacities.

         {¶4} The complaint included allegations that Ball had sexually abused C.H. and C.W. while the children were in his care and that Ball was ultimately charged, tried, and convicted of the assaults. It was also alleged that Mr. Saros, Ms. Klapper, Ms. Averell, and Ms. Baad were informed of the allegations of abuse and failed to take appropriate action pursuant to law.

         {¶5} CSB, Mr. Saros, Ms. Klapper, Ms. Averell, and Ms. Baad filed a joint motion for summary judgment arguing that they were immune from liability pursuant to Chapter 2744 of the Ohio Revised Code. In support of their motion, they included affidavits of Ms. Klapper, Ms. Averell, and Ms. Baad. T.B. and C.W. opposed the motion and attached several documents in support of their argument, including the jury verdict and sentencing entries in Ball's criminal case, the deposition transcripts of T.B., C.H., C.W., and R.W., a police incident report, and a newspaper article. CSB, Mr. Saros, Ms. Klapper, Ms. Averell, and Ms. Baad filed a reply brief in support of their motion and also filed a motion to strike certain exhibits filed by T.B. and C.W. as improper summary judgment evidence.

         {¶6} The trial court granted the motion to strike the improper evidence and struck the jury verdict forms, sentencing entry, police report, and newspaper article. Nonetheless, the trial court concluded that conflicts in the evidence presented prevented an award of summary judgment to CSB, Mr. Saros, Ms. Klapper, Ms. Averell, and Ms. Baad on the basis of statutory immunity.

         {¶7} CSB, Mr. Saros, Ms. Klapper, Ms. Averell, and Ms. Baad have appealed, raising two assignments of error for our review.

         II.

         ASSIGNMENT OF ERROR I

         THE TRIAL COURT ERRED IN DENYING SUMMIT COUNTY CHILDREN SERVICES ...


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.