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Oglesby v. City of Columbus2/8/2001
APPEAL from the Franklin County Court of Common Pleas.
In January 1982, plaintiff, James B. Olgesby, was hired by the City of Columbus, Department of Public Utilities ("DPU"). At all times relevant, a collective bargaining agreement existed between the city and plaintiff's union, the American Federation of State, County and Municipal Employees, Ohio Council 8, Local 1632.
In 1990, plaintiff was loaned to the Equal Business Opportunity Commission ("EBOC") and designated a business development assistant. On October 26, 1995, Gwendolyn Rogers, the Executive Director of EBOC, accused plaintiff, in writing, of theft and work duty violations and demanded that he be transferred back to the DPU. Rogers disseminated the writing to members of Columbus City Council and to the mayor's chief of staff.
On October 31, 1995, the director of DPU requested layoff certification for all business development assistants in the department. As of October 31, 1995, plaintiff was the only business development assistant in the DPU. Plaintiff was placed on administrative leave from November 2, 1995 through November 18, 1995, at which time he was laid off. Plaintiff was never recalled to work.
Subsequently, plaintiff filed a complaint in the Franklin County Court of Common Pleas against the City of Columbus, the Columbus Municipal Civil Service Commission, Rogers, both individually and in her capacity as Executive Director of EBOC, and various John and Jane Doe defendants. In his complaint, plaintiff alleged that defendants breached Article 26.2 of the collective bargaining agreement by issuing the layoff notification less than thirty days prior to the layoff. In addition, plaintiff asserted claims for interference with contract, wrongful termination, civil conspiracy and intentional infliction of emotional distress. Plaintiff sought compensatory damages based on the allegations in his complaint.
Following their answer, defendants filed a motion to dismiss pursuant to Civ. 12(B)(6) or, in the alternative, a motion for summary judgment. The trial court granted the motion to dismiss and dismissed plaintiff's complaint with prejudice. It is from this judgment that plaintiff appeals, raising the following assignments of error:
[1.] The trial court erred in dismissing plaintiff's breach of contract claim in count one by finding that it did not properly state a claim upon which relief could be granted.
[2.] The trial court erred in dismissing plaintiff's claim for interference with a contractual relationship in count two by finding that plaintiff had no contractual relationship with the defendant city of Columbus.
[3.] The trial court erred in dismissing plaintiff's claim for intentional infliction of emotional distress which was set forth in count five, not count two of plaintiff's complaint.
A Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted is procedural and tests the sufficiency of the complaint. Thompson v. Cent. Ohio Cellular, Inc. (1994), 93 Ohio App.3d 530, 538, citing State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs. (1992), 65 Ohio St.3d 545. When a party files such a motion, all factual allegations asserted in the complaint must be taken as true and all reasonable inferences must be drawn in favor of the nonmoving party. Id., citing Byrd v. Faber (1991), 57 Ohio St.3d 56, 60. In order for a court to dismiss a complaint pursuant to Civ.R. 12(B)(6), "it must appear beyond doubt from the complaint that the plaintiff can prove no set of facts warranting relief." State ex rel. Jennings v. Nurre (1995), 72 Ohio St.3d 596, 597, citing O'Brien v. Univ. Community Tena
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