2017 Ohio 9290
Ohio Ct. App.2017Background
- Meminger was an ER secretary at Ohio State University Hospital East and was terminated after an internal investigation into alleged threatening/retaliatory conduct.
- Key events: Dr. Terndrup allegedly threw paperwork at her; she asked him to stop; he complained to supervisors. A coworker reported a news-related conversation as a safety concern, though the coworker did not feel threatened.
- OSU security interviewed Meminger, she completed her shift, was later placed on administrative leave, charged with inappropriate/threatening/retaliatory behavior, and ultimately terminated.
- Meminger sued in the Court of Claims alleging wrongful termination in violation of public policy and intentional infliction of emotional distress (IIED).
- The Court of Claims dismissed the IIED claim under Civ.R. 12(B)(6) and later granted summary judgment to OSU on the wrongful-termination claim; Meminger appealed only the IIED dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pleaded facts state an IIED claim (extreme and outrageous conduct) | Meminger: appellee engaged in a pattern of retaliatory, pretextual conduct (complaints, investigation, and termination) that, taken together, is extreme and outrageous | OSU: allegations (paperwork thrown, complaints, investigation, termination) are at most investigation/termination conduct and not extreme or outrageous as a matter of law | Court affirmed dismissal: conduct not sufficiently extreme and outrageous to state IIED |
Key Cases Cited
- O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (standard for Civ.R. 12(B)(6))
- Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (complaint must be construed in plaintiff's favor on motion to dismiss)
- Phung v. Waste Mgmt., 71 Ohio St.3d 408 (elements of IIED claim)
- Yeager v. Local Union 20, Teamsters, 6 Ohio St.3d 369 (IIED requires conduct beyond all bounds of decency)
- Mendlovic v. Life Line Screening of Am., Ltd., 173 Ohio App.3d 46 (IIED liability limited to atrocious, utterly intolerable conduct)
- Perkins v. Lavin, 98 Ohio App.3d 378 (community standard inquiry for outrage)
- Foster v. McDevitt, 31 Ohio App.3d 237 (insistence on legal rights not actionable as IIED where permissible)
- Morrow v. Reminger & Reminger Co. LPA, 183 Ohio App.3d 40 (trial court may dismiss IIED claim under Civ.R. 12(B)(6) when conduct cannot be extreme and outrageous as a matter of law)