In the case Martcheva v. Dayton Bd. of Edn., 2021-Ohio-3524, the Second District Court of Appeals found that the trial court’s calculation of damages for a teacher that was reinstated to a comparable position and the award of attorney fees for a Board of Education (“Board”) was proper.
Here, the teacher was terminated based on allegation made by students that the teacher made statements regarding the use of physical force against the students including, but not limited to, strangulation. The teacher was terminated and appealed the decision to the trial court.
Although the trial court granted the Board and individual defendant’s motions for summary judgment relating to most of the Defendant’s claims, the Court denied the Board’s summary judgment motion relating to the teacher’s attorney fees. The trial court ultimately ordered the Board to pay the teacher back pay, insurance premiums among other taxes, penalties, and interests, which was slightly less than what the teacher believed was due.
The teacher argued that the trial court erred in granting the Board and individual defendant’s motions for summary judgment and that the trial court’s determination of damages was improper. The Court of Appeals disagreed.
The Court of Appeals held that the damages calculations were accurate because the teacher failed to adequately establish that the damages were more than the trial court awarded. The Court of Appeals further reasoned that the teacher failed to show that the Board should not have been entitled to recovery attorney fees due to the Board acting in bad faith.
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.