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Peaspanen v. Ashtabula Area City School Dist. Bd of Edn.12/4/1995
JOSEPH E. MAHONEY, Judge.
This is an accelerated calendar case submitted to this court on the briefs of the parties.
A complaint was filed in Ashtabula County Common Pleas Court on November 25, 1991 on behalf of appellants, Judi Peaspanen and John Peaspanen, against appellees, Board of Education of the Ashtabula Area City School District ("board"), its superintendent, Elinor Scricea, and its assistant superintendent, John Rose. The claim on behalf of Judi Peaspanen asserted a workplace intentional tort. Her husband's claim was for loss of consortium.
On June 13, 1992, appellees filed a motion for summary judgment. On March 17, 1995, the trial court granted summary judgment in favor of appellees. From that decision, appellants timely filed a notice of appeal.
The facts in this case are essentially undisputed by the parties. Appellant, Judi Peaspanen, began working as the librarian for Ashtabula High School in 1985. In 1990, the board decided to remodel the library area of the high school to include an interactive television facility. As part of the remodeling project, changes were made to that part of the library occupied by Judi Peaspanen's office.
In November 1990, shelves were installed on three of the four walls in Judi Peaspanen's office. Her office was to serve the additional purpose of being thsstorage room for periodicals. Additionally, all windows to the outside were sealed or eliminated from the office. There had previously been one vent in the office but it had been sealed at the direction of the board and it was also blocked by the new shelving that was installed.
The new shelves were coated with a urethane floor coating known as "Gold Medalist Wood Gym Finish." During the application of this coating, Judi Peaspanen objected to the work being performed during school hours, so this part of the work was performed after school hours.
Within a few days of the urethane finish being applied to the shelves, Judi Peaspanen developed upper respiratory problems including an irritated nose and throat, and breathing difficulties.
On January 10, 1991, Judi Peaspanen wrote a letter to the high school principal describing her medical problems and asking that an air conditioner and air filtration system be installed in her office and that the carpeting be steam cleaned. Subsequently, she delivered a letter to the board written by her regular physician, which indicated that her upper respiratory problems were probably related to her working conditions and that improved ventilation in her office would benefit her condition.
Additionally, Judi Peaspanen sought treatment from an ear, nose and throat specialist. He gave her a letter on February 21, 1991, which was also forwarded to the board, wherein he diagnosed her condition as "sick building syndrome" and expressed his opinion that her problems were being caused by the lack of ventilation, the carpeted floor, and the varnished shelves.
In response to her complaints, the board hired a consulting firm to test the air quality in Peaspanen's work area of the library. The firm concluded that the dust level was slightly above recommended standards for non-industrial atmospheres. The board responded by installing ventilation ducts and an air vent in the door which separated Peaspanen's office from the main portion of the library. It also installed an air cleaner in her work area.
Peaspanen's condition did not improve, so on April 18, 1991, she contacted the Division of Safety and Hygiene of the Ohio Bureau of Workers' Compensation to conduct tests in her work area. The industrial hygienist performed tes
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