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Lamvermeyer v. Denison University3/6/2000
JUDGMENT: Affirmed
Appellant Bonnie Lamvermeyer appeals a judgment of the Licking County Common Pleas Court dismissing her complaint against appellees Denison University, Michelle Myers, the Denison University Board of Trustees, and Charles Brickman for breach of contract and disability discrimination.
ASSIGNMENTS OF ERROR
1. THE TRIAL COURT ERRED IN GRANTING A DIRECTED VERDICT IN FAVOR OF DEFENDANT-APPELLEE DENISON UNIVERSITY ON PLAINTIFF'S BREACH OF CONTRACT CLAIM WHERE THERE WAS EVIDENCE IN THE RECORD THAT THE CHARGING PARTY DID NOT TESTIFY AT THE TERMINATION HEARING AS PROVIDED FOR IN PLAINTIFF-APPELLANT'S EMPLOYMENT CONTRACT.
2. THE TRIAL COURT ERRED IN GRANTING A DIRECTED VERDICT IN FAVOR OF DEFENDANT-APPELLEE DENISON UNIVERSITY ON PLAINTIFF'S BREACH OF CONTRACT CLAIM WHERE THERE WAS EVIDENCE IN THE RECORD THAT DENISON UNIVERSITY HAD NOT PROVIDED APPELLANT WITH THE FULL RIGHT OF CROSS EXAMINATION AT THE TERMINATION HEARING AS PROVIDED FOR IN PLAINTIFF-APPELLANT'S EMPLOYMENT CONTRACT.
3. THE TRIAL COURT ERRED IN GRANTING A DIRECTED VERDICT IN FAVOR OF DEFENDANT-APPELLEE DENISON UNIVERSITY ON PLAINTIFF'S BREACH OF CONTRACT CLAIM WHERE THERE WAS EVIDENCE IN THE RECORD THAT DENISON UNIVERSITY HAD NOT PROVIDED APPELLANT WITH THE FULL RIGHT TO SUMMON WITNESSES AT THE TERMINATION HEARING AS PROVIDED FOR IN PLAINTIFF-APPELLANT'S EMPLOYMENT CONTRACT.
4. THE TRIAL COURT ERRED IN GRANTING A DIRECTED VERDICT IN FAVOR OF DEFENDANT-APPELLEE DENISON UNIVERSITY ON PLAINTIFF'S BREACH OF CONTRACT CLAIM WHERE THERE WAS EVIDENCE IN THE RECORD THAT DENISON UNIVERSITY HAD UNILATERALLY SELECTED THE EVIDENTIARY STANDARD TO BE USED AT PLAINTIFF-APPELLANT'S TERMINATION HEARING WITHOUT CONSIDERING THE CUSTOM AND PRACTICE OF THE ACADEMIC COMMUNITY IN TERMINATION PROCEEDINGS.
5. THE TRIAL COURT ERRED IN GRANTING A DIRECTED VERDICT IN FAVOR OF DEFENDANT-APPELLEE DENISON UNIVERSITY ON PLAINTIFF'S BREACH OF CONTRACT CLAIM WHERE THERE WAS EVIDENCE IN THE RECORD THAT DENISON UNIVERSITY HAD GONE BEYOND THE SCOPE OF THE CONTRACT AND UNILATERALLY SELECTED A DEFINITION FOR MORAL DELINQUENCY TO BE USED AT PLAINTIFF-APPELLANT'S TERMINATION HEARING.
6. THE TRIAL COURT ERRED IN GRANTING A DIRECTED VERDICT IN FAVOR OF DEFENDANT-APPELLEE DENISON UNIVERSITY ON PLAINTIFF'S BREACH OF CONTRACT CLAIM WHERE THERE WAS EVIDENCE IN THE RECORD THAT DENISON UNIVERSITY HAD FAILED TO CONDUCT A REVIEW OF THE TERMINATION HEARING FINDINGS AS PROVIDED FOR IN PLAINTIFF-APPELLANT'S EMPLOYMENT CONTRACT.
7. THE TRIAL COURT ERRED IN GRANTING APPELLEE'S MOTION FOR SUMMARY JUDGMENT DISMISSING APPELLANT'S DISABILITY CLAIM UNDER STATE LAW ON THE GROUNDS OF RES JUDICATA/COLLATERAL ESTOPPEL.
In 1978, appellant joined the faculty of appellee Denison University. She worked in the Biology Department, and became a tenured Associate Professor of Biology in 1984. In the summer of 1985, appellant began to experience panic attacks. Due to these panic attacks, she took a leave of absence during the fall semester of 1985. She returned to work in the spring of 1986, and continued working without incident until 1991. However, during those years, appellant struggled with mental and emotional problems, prompting her to seek medical attention. Appellant received medical treatment in the form of counseling and medication. The medication taken by appellant caused varying side effects, including difficulty with speech, dizziness, feeling as if she was in a fog, and difficulty operating her arms or legs. Appellant continued to work despite the side effects.
In 1991 and 1992, appellant submitted eight reimbursement vouchers containing incorr
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