From The Ohio Trial Reporter

State Agency Liable for Age Discrimination

Richard W. Warden worked for the Ohio Department of Natural Resources for nearly 30 years. He retired in 2006, at the age of 51. In 2010, his former manager contacted him to inquire if he would be interested in returning to a full-time position. Warden submitted his application. He was interviewed and recommended for rehire by the interview panel, but the agency director refused to hire him because he was a retired employee. The agency director believed that a former employee should not be rehired, which would allow double-dipping by way of receiving a pension and state salary at the same time. The agency ended up hiring a less-qualified individual under 40 years of age, who had not been recommended for the position. Warden alleged that the decision not to rehire him violated R.C. 4112.14 and 4112.99 because of his age. He was awarded $507,657 by the Ohio Court of Claims.

Warden v. Dept. of Natural Resources
Ohio Court of Claims

Elderly Woman Sues Boys Who Beat Her During Attempted Robbery

A Franklin County Court of Common Pleas magistrate awarded $66,088 to Shirley A. Waxborm, age 78, who was beaten during an attempted robbery. She was walking on Longfellow Avenue in Worthington when Water E. Myers and Eddy Curry jumped on her and started beating her in an effort to steal the money she was taking to the bank. Waxborm defended herself and was able to run the boys off before they were able to steal her deposit. She was transported by ambulance to a nearby hospital, where she was treated for injuries to her arms and head. This lawsuit was filed against Myers and Curry, as well as the boys' mothers, who Waxborm maintained were vicariously liable for the actions of their delinquent sons. The damages were awarded after a default judgment was entered in the case.

VIEW THE FULL CASE Waxborm v. Myers
Franklin County

Off-Duty Cop Awarded Damages for Knee Injury in Auto Case

Joseph Abdallah was operating a vehicle north on U.S. 33. Melissa Fenorchito, who was traveling in the opposite direction, crossed left of center and struck Abdallah's vehicle head-on. At the time of the collision. Fenorchito was driving a vehicle owned by Carolyn Orders. Abdallah alleged that Fenorchito failed to maintain control of the vehicle and that Orders negligently entrusted her vehicle to a driver who did not have a valid license. The claim against Orders was dismissed when it was confirmed that Fenorchito was operating Order's vehicle without permission. Fenorchito was also uninsured. Abdallah submitted a Request for Admissions, followed by a Motion for Summary Judgment. The trial judge granted the motion based on Fenorchito's failure to respond to the request, resulting in a finding that Fenorchito was negligent as a matter of law. A subsequent hearing on damages was held, following which Abdallah was awarded $201,443.

VIEW THE FULL CASE Abdallah v. Fenorchito
Franklin County