STATE, EX REL. MARTIN, v. BEXLEY BD. OF EDN.

No. 87-880.

39 Ohio St. 3d 36 (1988)

THE STATE, EX REL. MARTIN, APPELLANT, v. BEXLEY CITY SCHOOL DISTRICT BOARD OF EDUCATION, APPELLEE.

Supreme Court of Ohio.

Decided October 5, 1988.


Attorney(s) appearing for the Case

Lucas, Prendergast, Albright, Gibson & Newman, Robert J. Walter and Mark R. Scherer, for appellant.

Vorys, Sater, Seymour & Pease and William G. Porter II, for appellee.


H. BROWN, J.

The primary issue in this case is a simple one: In a mandamus action to recover compensation for a period of wrongful discharge from employment of a public employee, does the employer bear the burden of establishing with reasonable certainty the amount that the employee could have earned in appropriate employment during the period of exclusion? We answer this query affirmatively and therefore reverse the judgment of the court of appeals on this issue...

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