2018 Ohio 416
Ohio Ct. App.2018Background
- Dr. Lawrence Amesse worked for Wright State Physicians, Inc. (WSP) and Wright State Boonshoft School of Medicine from 1998 until 2013 as an OB/GYN professor and physician; he held several director roles in the REI/andrology practice.
- WSP received multiple complaints about Amesse’s conduct starting in 2011, leading to an initial suspension pending a fitness-for-duty psychiatric evaluation; counsel for Amesse sent letters (Sept. 9 and Oct. 4, 2011) asserting potential ADA violations.
- Amesse completed evaluations; a psychiatrist cleared him to work with recommended counseling. Later, WSP placed him on administrative leave (Dec. 2012), retained an outside physician reviewer, and terminated his employment effective April 30, 2013; BSOM likewise dismissed him from faculty.
- Amesse sued WSP, Dr. Margaret Dunn, and Dr. Jerome Yaklic alleging breach of contract (withheld salary), disability discrimination (perceived disability), and retaliation; a jury returned verdicts for Amesse on most claims and awarded economic damages.
- Defendants appealed, challenging (1) admission of plaintiffs’ counsel letters, (2) weight/sufficiency of evidence on breach/discrimination/retaliation, (3) denial of JNOV/directed verdicts, and (4) denial of leave to amend to assert an after-acquired-evidence defense based on text messages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of counsel letters asserting ADA violation | Letters show protected activity and their effect on WSP’s later decisions | Letters were irrelevant, hearsay, incorrect law, and unfairly prejudicial | Admitted; letters were probative of protected activity/effect on listener, limiting instruction given; not hearsay when used for effect |
| Breach of contract (withheld salary May 2012–Apr 2013) | Withholding pay breached employment agreement and caused economic loss | WSP had contractual/departmental right to apply internal policy to offset deficit | Verdict for Amesse upheld; evidence supported breach and the damages awarded |
| Disability discrimination (perceived disability) | WSP and Dunn perceived Amesse as mentally impaired (referrals to Axis I, psychiatrist’s report, mandated counseling) | Fitness-for-duty exam alone doesn’t show perception of disability; actions were legitimate safety/performance concerns | Verdict for Amesse upheld; jury could find perception of disability and that proffered reasons were pretextual |
| Retaliation (salary modification/termination) | Counsel letters opposing the fitness-for-duty exam were protected activity and were causally connected to later adverse actions | Temporal gap and prior suspension broke causal link; salary action was justified by finances/performance | Verdict for Amesse upheld; letters constituted protected activity, causal inference was reasonable given timing and lack of comparable treatment of others |
Key Cases Cited
- State v. Sage, 31 Ohio St.3d 173 (trial court's discretion over evidence admission)
- St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502 (allocation of burdens under McDonnell Douglas framework)
- Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (employer burden to articulate nondiscriminatory reason; plaintiff must show pretext)
- Univ. of Texas Southwestern Med. Ctr. v. Nassar, 570 U.S. 338 (retaliation: determinative factor standard)
- Johnson v. Univ. of Cincinnati, 215 F.3d 561 (good-faith belief in opposing discrimination; reasonableness of opposition)
- Booker v. Brown & Williamson Tobacco Co., 879 F.2d 1304 (opposer need only have good-faith belief that practice is unlawful)
- Hazlett v. Martin Chevrolet, Inc., 25 Ohio St.3d 279 (framework for disability discrimination under Ohio law)
- Eastley v. Volkman, 132 Ohio St.3d 328 (standard for reviewing JNOV/directed verdict and manifest-weight review)
- Posin v. A.B.C. Motor Court Hotel, Inc., 45 Ohio St.2d 271 (standard for JNOV review)