In the case of Stachura v. Toledo, 2022-Ohio-345, the Ohio Sixth District Court of Appeals held that in a firefighter’s discrimination and retaliation action against the city, the trial court erred in ruling in the city’s favor because the firefighter’s exhibit documenting incidents of discrimination was incorrectly excluded as hearsay.
Here, the city argued that the exhibit was replete with hearsay and described the firefighter’s view of the alleged discriminatory incidents as a matter the firefighter could testify to at trial. The firefighter argued that the exhibit was not hearsay because statements made by city employees included in the exhibit were being offered to prove that a formal complaint was made to the fire chief and that the fire chief made no investigatory response to the complaint.
The Court agreed with the firefighter and reasoned that the exhibit was not hearsay because it was not being offered to prove the truth of the matter asserted, and any danger of unfair prejudice stemming from the hearsay nature of the exhibit did not substantially outweigh its probative value.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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