Purnell v. Orthopedic Offices, Inc.

Ohio Supreme Court
Purnell v. Orthopedic Offices, Inc., 1994 Ohio 273 (Ohio 1994)

Purnell v. Orthopedic Offices, Inc.

Opinion

OPINIONS OF THE SUPREME COURT OF OHIO

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Purnell, Appellant, v. Orthopaedic Offices, Inc., Appellee (1994), Ohio St.3d .] Employer and employee -- Sex and handicap discrimination -- R.C. 4112.99 is a remedial statute and is subject to R.C. 2305.07's six-year limitations period. (No. 94-1701 -- Submitted November 15, 1994 -- Decided December 14, 1994.) Appeal from the Court of Appeals for Hamilton County, No. C-930176.

Jacobs, Kleinman, Seibel & McNally and Mark J. Byrne, for appellant. Thompson, Hine & Flory and Deborah DeLong, for appellee.

The judgment of the court of appeals is reversed and the cause is remanded to the trial court on the authority of Cosgrove v. Williamsburg of Cincinnati Mgt. Co. Inc. (1994), 70 Ohio St.3d 281, 638 N.E.2d 991. A.W. Sweeney, Douglas, Wright, Resnick and Pfeifer, JJ., concur. Moyer, C.J., concurs separately. F.E. Sweeney, J., dissents.

No. 94-1701 Moyer, C.J., Concurring Separately December 2, 1994 File No. 8451 Doc. No. 2397Y

Moyer, C.J., concurring separately. I concur separately in the judgment entry in the above-styled case. As stated in the concurring opinion in Cosgrove v. Williamsburg of Cincinnati Mgt. Co., Inc. (1994), 70 Ohio St.3d 281, 638 N.E.2d 991, I do not agree with the law announced in the majority decision. Nevertheless, it is the law on the issue in the above-styled case. As I believe all parties should receive equal application of the law announced by this court, and only for that reason, I concur in the judgment entry.

Reference

Status
Published
Syllabus
Employer and employee - Sex and handicap discrimination - R.C. 4112.99 is a remedial statute and is subject to R.C. 2305.07's six-year limitations period.