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Bushman v. Mid-Ohio Regional Planning Comm.12/7/1995
JOHN C. YOUNG, Judge.
Plaintiff, Thomas L. Bushman, filed a complaint in the Franklin County Court of Common Pleas, alleging that defendant-appellee, Mid-Ohio Regional Planning Commission ("MORPC"), terminated him in violation of R.C. 4113.52, the whistleblower statute. In addition, plaintiff alleged claims of intentional infliction of emotional distress, reverse race discrimination and fraud. Plaintiff voluntarily dismissed his whistleblower claim with prejudice because it was untimely filed. Plaintiff filed a motion to amend his complaint to include a claim alleging wrongful discharge in violation of public policy. The trial court denied this motion by entry dated March 30, 1994. Thereafter, MORPC filed a motion for summary judgment on all of plaintiff's claims. During the pendency of MORPC's motion for summary judgment, plaintiff died of causes unrelated to the claims raised in this case and his wife, as executor of his estate, was substituted as the party-in-interest. By entry dated January 30, 1995, the court of common pleas granted summary judgment in favor of MORPC on all of plaintiffs claims and dismissed plaintiffs complaint. Thereafter, the executor ("appellant"), filed a notice of appeal to this court, alleging the following assignments of error:
"1. The Franklin County Court of Common Pleas erred in finding futility to be an appropriate basis for denying amendment under Ohio Rule of Civil Procedure 15(A).
"2. The Franklin County Court of Common Pleas erred in finding that Appellant's [plaintiffs] proposed amendment to include a claim for wrongful termination in violation of public policy was futile.
"3. The Franklin County Court of Common Pleas erred in granting defendant's motion for summary judgment when genuine issues of material fact existed as to the claim for intentional infliction of emotional distress.
"4. The Franklin County Court of Common Pleas erred in granting defendant's motion for summary judgment when genuine issues of material fact existed as to the claim for race discrimination in violation of O.R.C. 4112.02.
"5. The Franklin County Court of Common Pleas erred in granting defendant's motion for summary judgment when genuine issues of material fact existed as to the claim for fraud."
MORPC is a regional planning commission which administers housing rehabilitation projects in Franklin and Ross Counties under grants from the federal government. In March 1992, plaintiff was hired by MORPC in the Housing Community Development and Weatherization Department as a housing case supervisor. Plaintiffs duties included visiting homes to be rehabilitated, documenting improvements necessary to bring houses up to minimum housing requirements, generating bid specifications, and taking bids from subcontractors to perform various rehabilitation work. Plaintiff also supervised two employees, Bobby Thompson and Barbara Richardson.
Plaintiff served a six-month probationary period in this position. Approximately three months into his employment, plaintiff received a Mid-Probation Function Agreement Review. Plaintiff's overall evaluation was considered unsatisfactory. In September 1993, plaintiff met with his supervisor, Thomas Phillips, and was advised that he was not going to successfully complete his probationary period because of his demonstrated lack of supervisory skills. Plaintiff was offered another job which lacked supervisory responsibilities but at a reduced salary. This position would have placed plaintiff on the same level as the two individuals he previously supervised. Plaintiff refused to accept the demotion and was terminated.
Thereafter, plainti
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