Horton v. Telxon Corp.

716 N.E.2d 786, 99 Ohio Misc. 2d 83, 1999 Ohio Misc. LEXIS 26
CourtSummit County Court of Common Pleas
DecidedFebruary 11, 1999
DocketNo. CV 98 04 1356
StatusPublished
Cited by1 cases

This text of 716 N.E.2d 786 (Horton v. Telxon Corp.) is published on Counsel Stack Legal Research, covering Summit County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Horton v. Telxon Corp., 716 N.E.2d 786, 99 Ohio Misc. 2d 83, 1999 Ohio Misc. LEXIS 26 (Ohio Super. Ct. 1999).

Opinion

Ted Schneiderman, Judge.

On April 3, 1998, the plaintiff, James Edward Horton, (“Horton”), filed a complaint against the defendants, Telxon Corporation (“Telxon”), HCK & Associates (“HCK”), and Aironet Wireless Communications, Inc. (“Aironet”), apparently alleging fraudulent misrepresentation, promissory estoppel, breach of contract, and tortious interference with a contract.

Telxon, HCK, and Aironet filed a joint answer on June 18, 1998. Telxon also filed a counterclaim against Horton ón June 18, 1998, alleging unjust enrichment. Horton filed an answer to the counterclaim on June 25, 1998.

On December 22, 1998, the defendants filed a motion for summary judgment. On January 4, 1999, Horton filed a response and then filed a supplemental response on January 19, 1999. On the latter date, the defendants filed a reply.

The issues raised by the defendants’ motion for summary judgment are now deemed submitted.

The relevant facts, at all pertinent times, taken in a light most favorable to the nonmoving party, Horton, are as follows:

1. Horton is a fifty-six-year old African-American with a background in recruitment, placement, and employee relations.

2. Telxon is a Delaware corporation licensed to do business in Ohio, and headquartered in Fairlawn.

3. HCK, Aironet, Metanetics, and Accipter are all subsidiaries and/or affiliates of Telxon operating in Summit County, Ohio.

4. Telxon’s officers include Robert Meyerson — Chairman of the Board and Chief Executive Officer (“Meyerson”); Frank Brick — President and Chief Oper[86]*86ating Officer (“Brick”); and Meg Pais — Vice President Employee Services (“Pais”).

5. From 1992 to 1994, Horton worked as a consultant to Meyerson. He was responsible for strategic recruitment and was retained on a monthly basis.

6. In July 1994, Telxon hired Horton as Vice President-Employee Services. Horton worked in this position until December 1995.

7. ■ In December 1995, Horton was transferred to the lateral position of Vice President-Sales Support. Horton was subsequently demoted to Project Manager in spring 1996. Horton earned $125,000 annually. At all times, Horton was an employee at will.

8. On July 19, 1996, Horton was terminated by Telxon. He was not entitled to any severance payment.

9. During the July 19 meeting, Horton’s separation package was discussed with Brick and Pais. Horton requested that he receive the same consideration as his predecessors who had received a severance package equal to their annual salaries as well as consulting agreements. Horton was instructed to contact Meyerson regarding any future consulting position.

10. On approximately July 20, 1996, Horton received a proposed separation agreement which included provisions for $125,000 severance and a release.

11. Horton met with Meyerson on approximately July 23 or 24, 1996. Meyer-son advised Horton that he had created HCK and Horton would be added to its payroll at $125,000 per year. Meyerson was unaware that Horton had been terminated and/or offered severance.

12. Afterwards, on approximately July 24 or 25; 1996, Horton met with Meyerson, Kessler (President of HCK), and Chambers (Meyerson’s assistant). During this meeting, Horton was made HCK’s Senior Vice President — Director of Executive Recruiting. They discussed a proposed agreement and made office arrangements.

13. On July 25, 1996, HCK sent Horton a draft of the proposed HCK agreement. The proposed agreement was for one year and was renewable at the option of HCK on an annual basis. The proposal contained no bonus.

14. On August 5, 1996, Horton accepted the proposed HCK agreement and executed the Telxon separation agreement. He returned the executed separation agreement to Pais’s office.

15. Thereafter, on the same date, Horton received a fax from Pais stating that Telxon had not and would not accept the separation agreement and HCK agreement until the terms were clarified in a meeting scheduled for August 6, 1996.

[87]*8716. On August 6, 1996, Horton met with Brick and Pais. Brick told Pais to draft an agreement between Telxon and Horton. The new agreement did not provide for a fixed payment but only for a potential bonus.

17. On December 5, 1996, Horton and Aironet entered into a written agreement for consulting services. The agreement provided for services commencing on November 1, 1996 and ending February 28, 1997. The agreement gave Aironet the option to extend the terms on a month-to-month basis for three consecutive months.

18. After the above agreement expired, Horton continued to perform consulting services for Aironet until early 1998. All of these consulting services were performed satisfactorily.

19. Aironet ended Horton’s consulting services as evidenced by Brick’s memo dated February 4, 1998, indicating that Horton’s services should no longer be used due to “confidentiality, rumormongering and lack of trust.”

20. Horton received from Telxon approximately $125,000 in severance payments as agreed.

21. After his termination, Horton did consulting work for Telxon, Metanetics and Aironet. Starting in July 1996 to February 1998, Horton was paid approximately $99,000 by Aironet, $33,000 by Metanetics, and $2,000 by Accipiter or a total of $134,000 for consulting services.

Summary judgment proceedings are governed by Civ.R. 56. Civ.R. 56(C) requires that before a summary judgment is granted it must be shown that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. To grant such motion, it must be found that, “ ‘(1) no genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party.’ ” Welco Industries, Inc. v. Applied Cos. (1993), 67 Ohio St.3d 344, 346, 617 N.E.2d 1129, 1132, quoting Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 327, 4 O.O.3d 466, 472, 364 N.E.2d 267, 274. A successful motion for summary judgment rests on a two-part foundation: (1) that there is no genuine issue as to any material fact and (2) the moving party is entitled to a judgment as a matter of law. The moving party for summary judgment has the burden of showing that no issue exists of any material fact. State v. Licsak (1974), 41 Ohio App.2d 165, 170, 70 O.O.2d 325, 328, 324 N.E.2d 589, 593-594.

The Ohio Supreme Court has stated: “Summary judgment is a procedural device to terminate litigation and to avoid a formal trial where there is nothing to [88]*88try. It must be awarded with caution, resolving doubts and construing evidence against the moving party * * *.” Norris v. Ohio Std. Oil Co. (1982), 70 Ohio St.2d 1, 2, 24 O.O.3d 1, 2, 433 N.E.2d 615, 616. See, also, Viock v. Stowe-Woodward Co.

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Bluebook (online)
716 N.E.2d 786, 99 Ohio Misc. 2d 83, 1999 Ohio Misc. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horton-v-telxon-corp-ohctcomplsummit-1999.