SCHMITT v. EDUCATIONAL SERV. CTR. OF CUYAHOGA CTY.

No. 97623.

2012 Ohio 2210

SUSAN BOUTON SCHMITT, PLAINTIFF-APPELLEE, v. EDUCATIONAL SERVICE CENTER OF CUYAHOGA COUNTY, ET AL., DEFENDANTS-APPELLANTS.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: May 17, 2012.


Attorney(s) appearing for the Case

David Kane Smith , Krista K. Keim , Andrea E.M. Stone , Britton, Smith, Peters & Kalail Co., L.P.A., 3 Summit Park Drive, Suite 400, Cleveland, OH 44131-2582, for Educational Service Center of Cuyahoga County, John D. Pinzone , James A. Climer , Frank H. Scialdone , John T. McLandrich , Mazanec, Raskin & Ryder Co., L.P.A., 100 Franklin's Row, 34305 Solon Road, Solon, OH 44139, Susan McGown , McGown & Markling Co., LPA, 1894 North Cleveland-Massillon Road, Akron, OH 44333, for Berea City School District, Attorneys for Appellants.

Robert A. Pecchio , 2305 E. Aurora Road, Suite A-1, Twinsburg, OH 44087-1940, Attorney for Appellee.

BEFORE: Keough, J., Jones, P.J., and S. Gallagher, J.


JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.

{¶1} Defendant-appellant, Educational Service Center of Cuyahoga County ("ESC"), appeals from the trial court's judgment denying its Civ.R. 12(C) motion for judgment on the pleadings. For the reasons that follow, we affirm in part, reverse in part, and remand.

I. Facts and Procedural History

{¶2} Plaintiff-appellee, Susan Bouton Schmitt, filed a complaint...

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