Cook v. Pitter Patter Learning Ctr., L.L.C.

Citations

• 2022 Ohio 961

Syllabus

The dismissal of appellant's complaint was partly based on incorrect factual conclusions related to the application of judicial estoppel the trial court erred in dismissing the complaint. Furthermore, an alleged lack of standing due to appellant's Chapter 13 bankruptcy filing does not provide an alternate reason to affirm the dismissal. Appellant had standing when she filed her complaint alleging that appellees had caused her injury and damages by unlawfully terminating her employment, by failing to pay wages, by failing to pay minimum wages, and by illegally accessing her electronically-stored information. At that point, appellant had not yet filed for bankruptcy, and standing existed. Whether the bankruptcy trustee subsequently became a real party in interest, depriving appellant of standing, or whether appellant had a concurrent interest for purposes of standing due to differences between Chapter 7 and Chapter 13 bankruptcy proceedings is for the trial court to decide on remand, along with the issue of judicial estoppel. Judgment reversed and remanded.