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Swogger v. County of Mahoning Board of Commissioners6/4/2002
. Plaintiff Lorraine Swogger appeals a summary judgment of the Court of Common Pleas of Mahoning County, Ohio, granted in favor of defendant Mahoning County Board of Commissioners, Gary Kubic, and Kevin Sellards. Appellant assigns four errors to the trial court:
ASSIGNMENTS OF ERROR
. "I. THE TRIAL COURT ERRED IN SUSTAINING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND GRANTING SAID SUMMARY JUDGMENT TO DEFENDANT.
. "II. THE TRIAL COURT ERRED IN FINDING DEFENDANT, MAHONING COUNTY COMMISSIONERS, NOT RESPONSIBLE FOR ITS EMPLOYEES ACTIONS.
. "III. APPELLEE, MAHONING COUNTY BOARD OF COMMISSIONERS, WERE NOT ENTITLED TO SUMMARY JUDGMENT AS A MATTER OF LAW.
. "IV. THE TRIAL COURT ERRED IN DISMISSING PLAINTIFF'S COMPLAINT REGARDING NEGLIGENT INFLICTOR OF EMOTIONS AND DISTRESS BY APPELLEE. "
. Appellant began her employment with Mahoning County in November of 1995. From the time appellant was hired until January 3, 1997, Joseph Verostko was appellant's immediate supervisor in the Facilities Management Department. Richard Malagisi was the assistant director. After January 3, 1997, Malagisi assumed Verostko's position and became appellant's immediate supervisor.
. In May of 1996, Kevin Sellards, the county's Human Resources Director, inquired whether appellant had experienced any behavior on the part of Malagisi that she thought was inappropriate. Appellant responded in writing that she had not found Malagisi out of line or behaving in an unprofessional manner.
. Appellant alleged Malagisi began to harass her in November or December of 1996. In December of 1996, appellant told Verostko she was receiving frequent calls from Malagisi, but that she would attempt to handle this rather than report the calls to Kubic, who was responsible for the Facilities Management Department. Appellant later deposed that nothing in the frequent phone calls was particularly inappropriate.
. In April of 1997, appellant approached Sellards and informed him she was having a "personal problem." Appellant did not elaborate on the nature of the problem and in fact indicated she was not willing to discuss any specifics. Sellards informed her he would not transfer her to a different department unless she gave him the reason for her request. The two parties discussed possible job openings. In her deposition, appellant later testified Sellards did not know what Malagisi had been doing, but Sellards did know appellant was having a personal problem.
. On May 13, 1997, appellant again approached Sellards, and described what Malagisi was doing and saying to her. Appellant testified at her deposition she asked Sellards to transfer her to a different department, and that was all she wanted. Because the county was experiencing a budget crisis, there were very few openings available to appellant. Sellards offered appellant a position with the Building Inspection Department, but appellant rejected the transfer because she believed it entailed a cut in pay.
. Sellards' affidavit alleges because appellant had only requested a transfer, Sellards attempted to locate an alternative job for appellant and did not begin any formal investigation of Malagisi. In her deposition, appellant testified Sellards' demeanor was sympathetic. By June, appellant also indicated although she still wanted a transfer, if Malagisi agreed to meet certain conditions, including not addressing her in a demeaning or abusive way, she could continue to work in the Facilities Management Department. Sellards' affidavit alleges Malagisi agreed to the appellant's conditions, and thereafter, the parties' relationship became more profe
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