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Locsei v. Mayfield City Schiil District3/23/2000
JUDGMENT: REVERSED AND REMANDED.
DATE OF JOURNALIZATION:
Plaintiff-appellant Kenneth Locsei appeals from the trial court's decision granting the summary judgment of the defendant-appellee Mayfield City School District, the appellant's employer. The appellant filed this action alleging that he is a handicapped person who can safely and substantially perform the essential functions of his job and that adverse employment action was taken by the appellee, at least in part, because of his handicap.
The appellant first began his employment with the appellee in January 1991. At this time he was assigned as a substitute custodian at the high school. In May 1991 the appellant interviewed for and obtained a position at Lander Elementary School (Lander) as a second shift Class I custodian. The appellant remained in this position until April 1997 when he was transferred to the high school. The appellant asserts that he was intentionally transferredinto a job at which he was predestined to fail, due to his handicap, unless he received reasonable accommodations. These accommodations were not provided.
Prior to his employment with the school system, the appellant suffered an industrial accident. The appellant suffered a traumatic brain injury which left him paralyzed on the left side of his body and has affected the appellant's memory. After surgery and therapy, the appellant graduated from a wheelchair, to a walker, to a cane. In two years or so he was able to walk as he does now, with a pronounced limp and a much slower pace than normal. The appellant has lost all feeling in his left foot, easily loses his balance, his toes do not move, his knee snaps back, he has an irregular gait and negotiating stairs presents difficulties.
According to the appellant, at the time he applied for the job with the appellee, his limitations did not impact on his ability to effectuate the duties of a custodian. The appellant testified at his lengthy deposition that, while he is able to fulfill the requirements of the custodial position at Lander, the job in which he is now placed at the high school exceeds the limits of his capability. The appellant stated that the pain in his back, legs and hip began to increase in 1993 and that, as the years go by, his muscles or tendons atrophy causing more difficulty. The transfer to the high school has exacerbated this worsening pain. The appellant stated that the size of the area he was assigned to clean was just too large and there was too much walking involved.
For the first few years at Lander the appellant had no interpersonaldifficulties with his supervisors. During the 1993-1994 school year this changed and the relationship began to deteriorate. However, the record reflects that the appellant's June 1996 performance evaluation rated the appellant as good or outstanding in all categories except two. Under the categories of punctuality/promptness and ability to work with others the appellant received a checkmark in the satisfactory/improvement needed column. The written portion of this evaluation noted that the appellant had a previous injury to his knee and ankle and that he was reporting additional pain which was causing him to miss work. The appellant was directed to take corrective measures to improve attendance and to exhibit loyalty to his superiors.
By April 1997, the appellant's relationship with his supervisors, Ms. First, the head day custodian, and Ms. Stephan, the principal, had completely eroded. In this evaluation he received an unsatisfactory in punctuality/promptness and a satisfactory/needs improvement in courtesy/manners/self control , ability to work with others, completes work related
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