BYRNES v. LCI COMMUNICATION HOLDINGS CO.

No. 95-1222.

77 Ohio St.3d 125 (1996)

BYRNES ET AL., APPELLEES, v. LCI COMMUNICATION HOLDINGS COMPANY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 11, 1996.


Attorney(s) appearing for the Case

Russell A. Kelm, for appellees.

Jones, Day, Reavis & Pogue, Patrick F. McCartan, Glen D. Nager and Steven T. Catlett, for appellants.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging affirmance for amicus curiae, Ohio AFL-CIO.

Murray & Murray Co., L.P.A., Dennis E. Murray, Jr. and Patrick G. Warner, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.

Spater, Gittes, Schulte & Kolman, Frederick M. Gittes, Kathaleen B. Schulte and Louis A. Jacobs, urging affirmance for amici curiae, Ohio Chapter of the National Organization for Women, 9To5 National Association of Working Women, Police Officers for Equal Rights, Stonewall Union, Ohio Now Education and Legal Fund, National Association for the Advancement of Colored People, Columbus Chapter, the Ohio Civil Rights Coalition, and the Ohio Employment Lawyers Association.

Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, State Solicitor, and Simon B. Karas, Deputy Chief Counsel, urging reversal on the issue of punitive damages for amicus curiae, Ohio Attorney General.

Jonathan A. Allison, urging reversal for amicus curiae, the Ohio Chamber of Commerce.


STRATTON, J.

The issues presented for review involve the sufficiency of evidence that LCI terminated plaintiffs-appellees on the basis of their age in violation of R.C. 4112.02(N), and the propriety of the damages awarded by the jury. Plaintiffs-appellees contend that evidence of discriminatory remarks demonstrated that a pervasive, discriminatory animus existed at LCI, in particular with Lawrence McLernon, and was sufficient to support a finding of age discrimination...

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