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· 8/15/2024

Doe v. Cuyahoga Community College

Citations

  • 251 N.E.3d 692
  • 2024 Ohio 3113

Syllabus

Reckless conduct R.C. 2152.421 claim motion to dismiss intentional infliction of emotional distress notice pleading. John Doe, a dance student at Tri-C's Creative Arts Academy, was sexually assaulted by his teacher, who was hired by Tri-C after being terminated by Cleveland School of the Arts due to allegations of improper conduct with the students. John Doe filed a complaint against appellant teachers in Tri-C's Creative Arts Academy for reckless or wanton conduct, a failure to report child abuse in violation of R.C. 2151.421(A)(1)(a), and intentional infliction of emotional distress. Applying Ohio's liberal pleading standard and construing all factual allegations as true and making all reasonable inferences in favor of the plaintiff, we are unable to conclude that John Doe's complaint should be dismissed for failure to state a claim upon which relief can be granted and, therefore, we affirm the trial court's judgment denying appellant's motion to dismiss.

Judges: Sheehan

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