2020 Ohio 5535
Ohio2020Background
- Plaintiff Malieka Evans alleges that on November 9, 2012 she was sexually assaulted by Dr. Amir H. Shahideh while receiving treatment in Akron General Medical Center’s (AGMC) ER after staff administered a narcotic.
- Evans sued AGMC for negligent hiring, retention, and supervision on November 9, 2014 (two years after the incident).
- The trial court granted summary judgment for AGMC, reasoning Evans had not sued Dr. Shahideh and could not show he was civilly liable or criminally guilty.
- The Ninth District Court of Appeals reversed, holding a plaintiff need only show the employee committed a legally cognizable wrong within the applicable statute of limitations, not that the employee was adjudicated liable or guilty.
- The Ninth District certified two questions to the Ohio Supreme Court about (1) whether an employer claim is limited by the statute of limitations governing the employee’s conduct and (2) whether Strock requires a showing that the employee was adjudicated liable or guilty.
- The Ohio Supreme Court answered both questions in the negative: a plaintiff need not show an employee has been adjudicated civilly or criminally liable to maintain a negligent-hiring/retention/supervision claim; the negligent-hiring claim here was governed by the two-year statute of limitations and Evans’s claim was timely. The case was remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an employer negligent-hiring/supervision/retention claim is limited by the statute of limitations governing the employee’s alleged misconduct | Evans: No; the claim is a direct claim against the employer and governed by the statute for the employer claim (two years) | AGMC: Yes; the claim should be limited by the limitations period for the employee’s underlying tort/crime | Held: No; negligent-hiring claims governed by R.C. 2305.10 (two years); Evans filed timely |
| Whether a plaintiff must show the employee was adjudicated civilly liable or criminally guilty to maintain a negligent-hiring/supervision/retention claim (interpretation of Strock) | Evans: No; plaintiff must show the employee committed a legally cognizable wrong, but need not prove an adjudication against the employee | AGMC: Yes; Strock requires the employee be found civilly liable or guilty before employer can be held liable | Held: No; Strock requires the employee’s conduct be legally wrongful, but not that the employee has been adjudicated liable or convicted before suing the employer |
Key Cases Cited
- Strock v. Pressnell, 38 Ohio St.3d 207 (1988) (employer liability premised on employee having committed a legally cognizable wrong)
- Schelling v. Humphrey, 123 Ohio St.3d 387 (2009) (a doctor’s lack of amenability to suit does not extinguish a negligent-credentialing claim against a hospital)
- Albain v. Flower Hosp., 50 Ohio St.3d 251 (1990) (employer may be directly liable for negligent selection or retention of an independent contractor)
- Browning v. Burt, 66 Ohio St.3d 544 (1993) (negligent-credentialing claims arise from a hospital’s independent duty to grant staff privileges only to competent physicians)
- Natl. Union Fire Ins. Co. of Pittsburgh v. Wuerth, 122 Ohio St.3d 594 (2009) (discusses the premise that employer liability rests on employee misconduct that is legally wrongful)