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Hamrick v. Wellman Products Group9/29/2004
(Please see corrected opinions at 2004-Ohio-5477 and 2004-Ohio-5958.)
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant, Larry Hamrick, appeals the judgment of the Medina County Court of Common Pleas granting directed verdicts to the two Appellees, Mark's Cleaning Service, Inc. ("Mark's") and Wellman Products Group ("Wellman"). We affirm and impose sanctions on Appellant.
{ } Appellant had been hired by Wellman in 1973. He remained there until he retired in early 2004. Appellant worked at Wellman as a clutch cutter and a furnace tender. Mark's has a contract to complete the cleaning services at the Wellman factory in Medina, Ohio. Mark's employed two female cleaning ladies to work the morning shift at the Wellman factory.
{ } This case revolves around an incident between Appellant and the Mark's cleaning ladies at the Wellman plant. On June 28, 2002, Mark's employee, Sheryle Nush, entered the men's restroom to clean it. She testified at trial that, consistent with her training, she placed a "Mark's" sign on the steel door to the restroom, knocked before opening the door, and then announced that she was coming in. She cleaned the four urinals and two of the men's stalls. She got to the third stall in the men's room and pushed open the door. Ms. Nush testified that the third door opened just as easily as the first two stall doors had. When she opened the door of the third stall she saw Appellant sitting on the toilet with his hands on his knees. She testified that he had an erection. Ms. Nush then ran out of the restroom and told her co-worker, Barbara Iverson.
{ } Ms. Iverson stated that she was involved in a similar incident with the same man two weeks prior. Ms. Iverson had entered the men's restroom and began cleaning. When she got to the third stall, she pushed the door open and saw Appellant sitting there with an erection. Appellant contests both Nush's and Iverson's versions of the two incidents.
{ } The two ladies reported the incidents to Wellman's plant manager, Andrew Chan, and to their own supervisor at Mark's, Al Burrows. Chan interviewed the two ladies, reviewed their statements, and then interviewed Appellant. After investigation of the incidents, managers at Wellman suspended Appellant for thirty days without pay. Appellant had to sign a last chance agreement acknowledging prior disciplinary action and the threat of immediate discharge for any sexually harassing behavior in the future. He was further required to attend psychological counseling through Wellman's Employee Assistance Program before returning to work.
{ } Appellant states that he did not hear either cleaning lady announce her entrance into the men's room. Appellant denies that he was engaged in sexual activity when the ladies saw him; he was merely using the restroom. He claims that he has a right to privacy in a closed restroom stall. He testified that the ladies did not accidentally open the stall door, but rather, they intended to open the door as "they shoved it open on ." Both parties concede that the doors of the restroom stalls do not lock well and can in fact be pushed open.
{ } Appellant alleges that as a result of his privacy being invaded by the two Mark's cleaning ladies, and the investigation and punishment by Wellman, he suffered loss of wage and benefits income, humiliation, anxiety, fear and depression, for which he took medication. He had to see a psychiatric counselor and had to discuss his personal life, how he used the restroom, his sexual performance abilities and other per
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