"The trial court erred prejudicially when it granted appellees' motion for summary judgment."Ĭiv.R. This appeal followed.Īppellants' sole assignment of error alleges: * On July 26, 1996, the trial court filed its judgment entry granting summary judgment in favor of appellees on all nine counts of appellants' complaint. Arora denied that this meeting ever took place. Arora apparently asked Tarver whether racial slurs were being made by Brace and Tarver answered in the affirmative. Tarver testified that he reported this conduct to James Arora, the director of Calex Corporation, sometime in early or mid 1994. Tarver further stated during his deposition that he was constantly subjected to racial slurs by Brace. Brace's proposition to Tarver was also communicated to Tarver's friend and coworker, James Payne, whose affidavit was entered into evidence in this matter. For example, Tarver stated that Brace approached him and clearly proposed that if he would show Brace his penis, then Brace would transfer him from a difficult job on the press to an easier one in the warehouse packing room.
testified during his deposition to a frequent pattern of intertwined sexual and racial harassment by Brace that continued throughout his period of employment at Calex Corporation.īoth appellants testified during their depositions that Brace's conduct caused them unnecessary stress and worry while on the job, including the fear of being discharged. Tarver, a black male, additionally alleged that he was subjected to verbal racial discrimination by Brace. Varner also claimed that Brace had patted him on the buttocks on five occasions. Varner alleged that Brace had touched his penis without his consent on two separate occasions: once soon after he started working for appellee, Calex Corporation, in January or February 1994 and then again in February 1995. In particular, Tarver alleged that Brace had touched his crotch on one occasion, and possibly patted his buttocks on several other occasions. Tarver and Varner filed this action based upon their assertions that they had been sexually harassed by appellee, John Brace. Varner, had been employed by appellee, Calex Corporation, since December 2, 1993. Appellees then filed a reply brief in support of their motion on June 14, 1996.Īppellant, James Tarver, had been employed by appellee, Calex Corporation, since March 28, 1994.
On May 10, 1996, appellants filed a memorandum in opposition to appellees' motion. Following the filing and resolution of various pretrial motions, appellees filed a motion for summary judgment on March 27, 1996, which addressed each cause of action set forth in appellants' complaint. *Īppellees filed their answer to appellants' complaint on Apand filed an amended answer on August 4, 1995. Negligent failure to control appellee, John Brace, against appellees, Calex Corporation and James Arora. Negligent infliction of emotional distress against appellees, Calex Corporation and James Arora, based upon the theory of respondeat superior ĩ. Intentional infliction of emotional distress against appellees, Calex Corporation and James Arora, based upon the theory of respondeat superior Ĩ. Negligent infliction of emotional distress against appellee, John Brace ħ. Intentional infliction of emotional distress against appellee, John Brace Ħ. Assault and battery against appellees, Calex Corporation and James Arora, based upon the theory of respondeat superior ĥ. Assault and battery against appellee, John Brace Ĥ. Racial discrimination in violation of R.C. Sexual harassment and discrimination in violation of R.C. The nine causes of action in appellants' complaint establish claims against appellees as follows:ġ. This matter presents a timely appeal from a decision rendered by the Mahoning County Common Pleas Court, granting the motion for summary judgment filed by defendants-appellees, Calex Corporation et al., on all nine causes of action set forth in the complaint filed on Maby plaintiffs-appellants, James Tarver et al.
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