Wagner v. Community Regional Med. Ctr. of Ohio

2011 Ohio 2991, 957 N.E.2d 351, 194 Ohio App. 3d 589
CourtOhio Court of Appeals
DecidedJune 20, 2011
Docket10CA009815
StatusPublished
Cited by1 cases

This text of 2011 Ohio 2991 (Wagner v. Community Regional Med. Ctr. of Ohio) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wagner v. Community Regional Med. Ctr. of Ohio, 2011 Ohio 2991, 957 N.E.2d 351, 194 Ohio App. 3d 589 (Ohio Ct. App. 2011).

Opinions

Whitmore, Judge.

{¶ 1} Plaintiff-appellant, Debra Wagner, appeals from the judgment of the Lorain County Court of Common Pleas, granting summary judgment in favor of defendants-appellees, Community Regional Medical Center (“Community Regional”) and Allen Community Hospital (“Allen Community”) (collectively, “defendants”). This court affirms.

I

{¶ 2} Wagner worked at Allen Community as a critical-care agency nurse, a temporary position, for approximately ten months before she decided to apply for a full-time position with Community Regional, Allen Community’s owner. Wagner indicated on her employment application that she was not currently taking any medications. In fact, Wagner was taking prescription methadone as part of a [591]*591treatment program for her chemical dependency. According to Wagner, she told several individuals at Allen Community about her drug addiction during the interview process, but did not disclose her methadone use on her application. Wagner also falsely completed the section of her employment application that inquired about any prior convictions. Specifically, she indicated that she did not have any prior convictions when, in fact, she did.

{¶ 3} Community Regional extended Wagner an offer of employment, and Wagner began working there as an intensive-care nurse on August 27, 2008. As a condition of her employment, Wagner completed a drug screen. Community Regional did not receive the results of the screen for a longer period of time than usual, a situation that generally arises when a screen returns a positive result, and a medical review officer has to verify any prescriptions. When Community Regional asked Wagner about the delay, Wagner disclosed that she was taking prescription medication. After her September 10, 2008 shift, Community Regional terminated Wagner because she had been untruthful on her employment application.

{¶ 4} On July 8, 2009, Wagner brought suit against defendants for wrongful termination, intentional infliction of emotional distress, and breach of confidentiality. On March 12, 2010, defendants filed a motion for summary judgment. Wagner filed a memorandum in opposition, and defendants filed a reply. On April 16, 2010, the trial court granted summary judgment in defendants’ favor.

{¶ 5} Wagner now appeals from the trial court’s judgment and raises one assignment of error for our review.

II

Assignment of Error

Summary judgment was improper in this case, as there remains a genuine issue of material fact as to the reason for appellant’s termination^]

{¶ 6} In her sole assignment of error, Wagner argues that the trial court erred by granting summary judgment in favor of defendants. Specifically, she argues that a genuine issue of material fact remains as to whether she was wrongfully terminated due to disability discrimination. We disagree.

{¶ 7} This court reviews an award of summary judgment de novo. Grafton v. Ohio Edison Co. (1996), 77 Ohio St.3d 102, 105, 671 N.E.2d 241. We apply the same standard as the trial court, viewing the facts of the case in the light most favorable to the nonmoving party and resolving any doubt in favor of the nonmoving party. Viock v. Stowe-Woodward Co. (1983), 13 Ohio App.3d 7, 12, 13 OBR 8, 467 N.E.2d 1378.

[592]*592{¶ 8} Pursuant to Civ.R. 56(C), summary judgment is proper if “(1) [n]o 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.” Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 327, 4 O.O.3d 466, 364 N.E.2d 267. The party moving for summary judgment bears the initial burden of informing the trial court of the basis for the motion and pointing to parts of the record that show the absence of a genuine issue of material fact. Dresher v. Burt (1996), 75 Ohio St.3d 280, 292-293, 662 N.E.2d 264. Specifically, the moving party must support the motion by pointing to some evidence in the record of the type listed in Civ.R. 56(C). Id. Once this burden is satisfied, the nonmoving party bears the burden of offering specific facts to show a genuine issue for trial. Id. at 293. The nonmoving party may not rest upon the mere allegations and denials in the pleadings but instead must point to or submit some evidentiary material that demonstrates a genuine dispute over a material fact. Henkle v. Henkle (1991), 75 Ohio App.3d 732, 735, 600 N.E.2d 791.

{¶ 9} This court previously has stated the following:

One who claims employment discrimination on the basis of disability in violation of R.C. 4112.02(A) must show (1) that the plaintiff meets the definition of a disabled person under R.C. 4112.01(A)(13); (2) that the plaintiff can safely and substantially perform the essential functions of the job; and (3) that the discriminatory action was taken at least in part because of the plaintiffs disability. * * * When a prima facie showing of disability discrimination or retaliation is made, the burden shifts to the employer to show a nondiscriminatory reason for the action. If the employer makes this showing, the burden shifts back to the employee to show that the nondiscriminatory reason was a mere pretext.

(Citations omitted.) Proctor v. Ohio Civ. Rights Comm., 169 Ohio App.3d 527, 2006-Ohio-6007, 863 N.E.2d 1069, at ¶ 9.

Here, the trial court granted summary judgment in defendants’ favor because Wagner failed to establish a prima facie showing of disability. Specifically, it determined that Wagner did not show that defendants took “discriminatory action [against her] at least in part because of [her] disability.” Id.

{¶ 10} Initially, we note that both parties relied upon non-Civ.R. 56(C) materials in their summary-judgment filings. See Civ.R. 56(C) (providing an exhaustive list of materials upon which a party may rely in moving for or opposing an award of summary judgment). Neither party objected to the introduction of this evidence. Accordingly, the trial court had the discretion to consider all the evidence that the parties submitted in their filings. Wolford v. [593]*593Sanchez, 9th Dist. No. 05CA008674, 2005-Ohio-6992, 2005 WL 3556681, at ¶ 20, quoting Christe v. GMS Mgt. Co., Inc. (1997), 124 Ohio App.3d 84, 90, 705 N.E.2d 691 (“[I]f the opposing party fails to object to improperly introduced evidentiary materials, the trial court may, in its sound discretion, consider those materials in ruling on the summary judgment motion”).

{¶ 11} In support of their motion for summary judgment, defendants primarily relied upon (1) Wagner’s employment application, which included a medical history form and (2) Wagner’s deposition.

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Wagner v. Community Regional Med. Ctr. of Ohio
2011 Ohio 2991 (Ohio Court of Appeals, 2011)

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2011 Ohio 2991, 957 N.E.2d 351, 194 Ohio App. 3d 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-community-regional-med-ctr-of-ohio-ohioctapp-2011.