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Cochran v. Columbia Gas of Ohio9/26/2000
(REGULAR CALENDAR)
DECISION
APPEAL from the Franklin County Court of Common Pleas.
Appellant, Jerry W. Cochran, filed this lawsuit after he was terminated from his job by appellee, Columbia Gas of Ohio, Inc. The Franklin County Court of Common Pleas granted summary judgment in favor of appellee. Appellant filed a notice of appeal, raising the following three assignments of error:
1. The Trial Court erred in determining that there were not material facts in dispute sufficient to deny Defendant Columbia Gas of Ohio's Motion for Summary Judgment on Plaintiff's claim for wrongful discharge based on handicap discrimination.
2. The Trial Court erred in determining that there were material facts in dispute sufficient to deny Defendant Columbia Gas of Ohio, Inc.'s and Defendant Dr. Litvak's Motion for Summary Judgment regarding Plaintiff's public policy tort.
3. The Trial Court erred in determining that there were not material facts in dispute sufficient to deny Defendant Columbia Gas of Ohio, Inc.'s Motion for Summary Judgment and Defendant Dr. Litvak's Motion for Summary Judgment regarding Plaintiff's claim for intentional infliction of emotional distress.
Appellate court review of a summary judgment motion is de novo. Helton v. Scioto Cty. Bd. of Commrs. (1997), 123 Ohio App.3d 158, 162. Pursuant to Civ.R. 56(C), summary judgment may be granted when the moving party demonstrates that: (1) there is no genuine issue of material fact; (2) the moving party is entitled to judgment as a matter of law; and (3) reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, that party being entitled to have the evidence construed most strongly in its favor. Civ.R. 56(C); State ex rel. Grady v. State Emp. Relations Bd. (1997), 78 Ohio St.3d 181, 183. The moving party bears the initial burden of informing the trial court of the basis for the motion and identifying the portions of the record that establish the absence of a genuine issue of fact on a material element of the non-moving party's claim. Dresher v. Burt (1996), 75 Ohio St.3d 280, 292-293. After the moving party satisfies this initial burden, the non-moving party bears a reciprocal burden to respond by affidavit, or as otherwise provided in Civ.R. 56, and must set forth specific facts showing the existence of a genuine issue for trial. Civ.R. 56(E). If the non-moving party fails to so respond, summary judgment, if appropriate, shall be entered against him. Civ.R. 56(E).
For the reasons that follow, we affirm in part and reverse in part the judgment of the trial court.
Appellant supervised approximately fifteen employees at appellee's Bangs, Ohio operating facility. On June 25, 1998, appellee's human resources department received a report that appellant had taken prescription pain killers from fellow employees. In light of this information, the human resources department launched an investigation, interviewing eight employees, including appellant.
During the investigation, David Ufferman, one of appellant's subordinates, told an investigator that appellant had struck him with a notebook, causing Ufferman to fall to the ground. Leon Lannoy, another one of appellant's subordinates, claimed to be an eyewitness to this incident. Lannoy and Ufferman also told investigators that appellant had grabbed Lannoy by the neck and stated: "You little so and so, when I tell you to come into work, you better do it." They also claimed that they saw appellant holding an open pocketknife to the neck and genitals of Corey Cline, another subordinate of appellant. In his affida
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