Torts Keyed to Dobbs
Kerans v. Porter Paint Co
The Appellants were Mr. and Mrs. Kerans (Appellants). Mrs. Kerans worked for a retail outlet owned by the Appellee and alleged the store manager sexually harassed her. Mrs. Kerans reported the incidents and the manager subsequently resigned. The Appellants filed a claim against the Appellee. The Appellants settled the claim against the Appellees’ store manager, but expressly reserved their right to bring action against the company, which they did filing a complaint containing five counts. The trial court granted summary judgment. The court of appeals affirmed. The Ohio Supreme Court reversed the judgment as to all the causes of action, except the first because it essentially duplicated of the other claims. The court held that the employee’s claims for sexual harassment were not barred by the exclusivity provision of the Workers’ Compensation Act (the Act) and further that there were disputed issues of fact as to whether the supervisor was acting in the scope of his employment and as to whether the employer knew or should have known about the supervisor’s alleged history of sexual harassment.
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