2013 Ohio 1028
Ohio Ct. App.2013Background
- Hubbard sued the Cleveland Metropolitan School District Board of Education in 2009 for violation of administrator contract rights, age discrimination, and skin-color discrimination.
- In December 2009, Hubbard amended to add a sexual harassment claim against Marsha Brooks, which the court later denied reconsideration on moot grounds.
- In February 2010, the trial court dismissed the age-discrimination claim because Hubbard was 35, below the 40-year threshold.
- In August 2010, Hubbard filed a second amended complaint replacing the sexual harassment claim with a slander claim and dismissing Brooks; she alleged defamation and related distress.
- Following appellate remand, Hubbard amended again in December 2010 to restore only the Board as defendant and to remove the earlier sexual-harassment and related claims, leaving administrator contract rights and skin-color discrimination as the remaining causes of action.
- At trial in March 2012, Hubbard did not pursue a sexual-harassment claim; the jury found in favor of the Board on both remaining claims, and judgment was entered for the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hubbard abandoned her sexual harassment claim. | Hubbard argues Civ.R. 15(C) relates back and that the second amendment preserved the claim. | Board contends Hubbard abandoned the sexual harassment claim with the August 2010 amendment. | Abandoned; no sexual harassment claim remained. |
Key Cases Cited
- Wrinkle v. Trabert, 174 Ohio St. 233 (1963) (amendment typically abandons earlier pleadings; functus officio doctrine)
- State ex rel. Talaba v. Moreland, 132 Ohio St. 71 (1936) (substitution of amended petition abandons earlier pleading)