In the case State ex. rel Bennett v. Dayton Pub. Schools Bd. Of Educ., 2021-Ohio-3119, the Ohio Second District Court of Appeals held that summary judgment for the Dayton Public Schools Board of Education (“Board”) was an error when questions regarding supervisor qualifications and whether they were entitled to be reinstated to positions that may or may not have been similar to their previous positions, were not yet determined.
In this case, four former supervisors with the Dayton Public Schools appealed the trial court’s grant of summary judgment for the Board with regard to their reinstatement of their employment after a reduction in force within the school district. The supervisors argued that the trial court erred in granting summary judgment in favor of the Board and that the trial court failed to address all of the claims of the parties in granting summary judgment. The Court of Appeals agreed.
With regard to the grant of summary judgment, the Court of Appeals found that there was a genuine issue of material fact as to whether the supervisors were qualified for new positions that became available in the District. As such, the Court reversed the ruling of the trial court and remanded the case.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.