King v. Rubber City Arches, L.L.C.
2011 Ohio 2240
Ohio Ct. App.2011Background
- Derrick M. King was hired by Rubber City Arches, LLC in Oct. 2007 as aMcDonald’s grill crew member.
- An April 20, 2009 workplace incident led to an investigation and King’s termination on April 27, 2009.
- King sued Rubber City and several managers and a coworker in June 2009 for multiple claims including intentional infliction of emotional distress and wrongful termination.
- McDonald’s USA, LLC was added later via an amended complaint with new claims of gender discrimination and negligent hiring/retention; McDonald’s moved for summary judgment in Dec. 2009.
- The trial court granted summary judgment to Rubber City and others in July 2010; King appealed to the Ninth District Court of Appeals, which affirmed.
- The decision addressed various discovery and evidentiary issues and whether summary judgment was properly granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial bias recusal mandatory? | King | Rubber City | No jurisdiction to review; default ruling not reached on merits. |
| Whether King was denied meaningful discovery | King | Rubber City | No abuse of discretion; court did not err in discovery rulings. |
| Deposition transcript authentication for summary judgment | King | Rubber City | Trial court properly considered authenticated deposition; no abuse. |
| Hearsay in affidavits attached to summary judgment | King | Rubber City | Affidavits properly incorporated by reference; materials admissible; no error. |
| Jurisdiction to entertain McDonald’s summary judgment timing | King | McDonald’s | Defendant had Civ.R. 56(B) leave to file; court had jurisdiction. |
Key Cases Cited
- Putka v. Parma, 90 Ohio App.3d 647 (Ohio 1993) (deposition authentication and use in summary judgment)
- Armaly v. City of Wapakoneta, 2006-Ohio-3629 (Ohio 2006) (authentication timing for transcripts in summary judgment)
- Trimble-Weber v. Weber, 119 Ohio App.3d 402 (Ohio 1997) (deposition materials and authentication standards)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard for discovery and evidence)