Kent Hushion

Secured a dismissal in favor of a township in the Fifth District Court of Appeals. The Plaintiff was injured when they swerved off a county road, which was gravel, onto an embankment. They alleged our client was liable since an employee was operating a tractor that was in the process of grading the road. They claimed our client’s negligent positioning forced them off the road, causing injuries. Below, we secured dismissal in our client’s favor based on political subdivision immunity. The Fifth District affirmed that dismissal on two grounds. First, it held the township employee was engaged in the governmental function of grading the gravel road, which the township was statutorily duty-bound to perform. And second, the employee’s tractor was not an obstruction. As such, the township preserved its entitlement to immunity under R.C. 2744.03.

Affirming Motion for Judgment on the Pleadings on tortious interference with business relations and Valentine Act claims. Plaintiff alleged our private-entity client’s implementation of a DORA program interfered with their ability to profit from prospective client relations and ran afoul of antitrust laws. Below, we secured dismissal based on a Motion for Judgment on the Pleadings based, in part, on arguments that Plaintiff failed to adequately plead either claim and, otherwise, our client’s alleged actions were justified. On appeal, the Fourth District Court of Appeals upheld the dismissal.

Affirming the Industrial Commission of Ohio's denial of a worker’s compensation claim. We filed a Motion to Dismiss arguing that the claim was not a “right to participate” issue, but rather an “extent of disability” issue such that it was not appealable to the Court of Common Pleas.  The trial court agreed and granted our Motion.  On appeal, the 2nd District Court of Appeals upheld the decision of the trial court.

Obtained a determination of no probable cause in client’s favor against allegations of race discrimination.

Obtained a determination of no probable cause in client’s favor against allegations of sex discrimination. Successfully represented client on reconsideration hearing.

Obtained a determination of no probable cause in client’s favor against allegation of disability discrimination based on administration of drug test policy.

Represented client during Ohio Attorney General’s Office investigation concerning charitable spending, obtaining a dismissal of the investigation with a finding of no wrongdoing.

Successfully defended client regarding anti-discrimination housing policy.

Obtained a determination of no probable cause in client’s favor against allegations of unlawful retaliation.

Obtained a determination of no probable cause in client’s favor in defense against allegations of disability discrimination based on reasonable accommodations concerning modifications to employment at the onset of COVID-19 pandemic.

Obtained a disallowance of unemployment compensation in client’s favor against former employee who was terminated with just cause.