HULSMEYER v. HOSPICE OF SOUTHWEST OHIO, INC.

Nos. 2013-1644 and 2013-1766.

142 Ohio St.3d 236 (2014)

2014-Ohio-5511

HULSMEYER, APPELLEE AND CROSS-APPELLANT, v. HOSPICE OF SOUTHWEST OHIO, INC., ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided December 23, 2014.


Attorney(s) appearing for the Case

Robert A. Klingler Co., L.P.A., Robert A. Klingler , and Brian J. Butler , for appellee and cross-appellant.

Tucker Ellis, L.L.P., Susan M. Audey , and Victoria L. Vance , for appellant and cross-appellee Brookdale Senior Living, Inc.

Dinsmore & Shohl, L.L.P., Michael W. Hawkins , and Faith C. Whittaker , for appellants and cross-appellees Hospice of Southwest Ohio, Inc., and Joseph Killian.

The Gittes Law Group, Fredrick M. Gittes , and Jeffrey P. Vardaro , urging affirmance for amicus curiae Ohio Employment Lawyers Association.

Ohio Disability Rights and Law Center, Inc., Andrew Brennan , Kristen Henry , and Michael Kirkman , urging affirmance for amici curiae Disability Rights Ohio, AARP, National Senior Citizens Law Center, National Law Health Program, and National Disability Rights Network.


I. Introduction

{¶ 1} In this opinion we address (1) a discretionary appeal by Hospice of Southwest Ohio, Inc. ("Hospice"), Joseph Killian, Hospice's chief executive officer, and Brookdale Senior Living, Inc. ("Brookdale"), (2) a cross-appeal by Patricia Hulsmeyer, and (3) a certified-conflict case from the...

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