2022 Ohio 4212
Ohio Ct. App.2022Background
- Plaintiff-appellant Shawn Weiler and defendant-appellee C.L. were coworkers at Westlake Reed Leskosky from May 2016 to April 2017.
- Weiler alleged that C.L. sent nonverbal signals of romantic/sexual interest and described multiple workplace incidents supporting that belief.
- WRL terminated Weiler in April 2017; C.L. thereafter obtained a civil protection order (TPO) against Weiler, and Weiler was later convicted of violating that protection order.
- Weiler sued C.L. in Cuyahoga C.P. asserting malicious civil prosecution, malicious criminal prosecution, and constructive fraud; he amended his complaint twice.
- C.L. moved to dismiss under Civ.R. 12(B)(6); the trial court granted the motion with prejudice.
- The Eighth District affirmed, holding the complaint failed to state claims on which relief could be granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malicious civil prosecution | Weiler: C.L. maliciously initiated the civil protection order and lacked probable cause. | C.L.: The TPO proceeding resolved against Weiler (not in his favor), so an essential element (favorable termination) is missing. | Dismissed — complaint shows TPO entered against Weiler; favorable termination element not met. |
| Malicious criminal prosecution | Weiler: C.L.’s complaint led to a baseless criminal prosecution for violating the TPO. | C.L.: The criminal proceedings resulted in Weiler’s conviction, so the claim cannot satisfy the requirement that the prior proceeding terminated in plaintiff’s favor. | Dismissed — conviction reflected on the face of the complaint; favorable termination element absent. |
| Constructive fraud | Weiler: C.L.’s conduct amounted to constructive fraud. | C.L.: Plaintiff has not alleged any special, confidential, or fiduciary relationship necessary for constructive fraud. | Dismissed — complaint alleges only coworker/acquaintance facts; no fiduciary/confidential relationship pleaded. |
Key Cases Cited
- Robb v. Chagrin Lagoons Yacht Club, Inc., 75 Ohio St.3d 264 (1996) (sets elements for malicious civil prosecution)
- O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (1975) (standards for assessing Civ.R. 12(B)(6) dismissal)
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (2004) (appellate standard of review for Civ.R. 12(B)(6))
- Cohen v. Estate of Cohen, 23 Ohio St.3d 90 (1986) (definition and nature of constructive fraud)
- Perlberg v. Perlberg, 18 Ohio St.2d 55 (1969) (constructive fraud does not require fraudulent intent)