Leeds v. Westman, Weinberg & Reis Co., L.P.A.

Citations

• 2021 Ohio 4123

Syllabus

Summary Judgment rebuttal expert report affidavits of undisclosed witnesses Civ.R. 52 newly filed evidence economic necessity reduction in force disparate-treatment age discrimination disparate-impact age discrimination. - Trial court did not err in granting summary judgment to defendant-employer on discharged employee-plaintiff's disparate-treatment and disparate-impact age discrimination claims where the plaintiff did not demonstrate a prima facie case of age discrimination because she did not show she was replaced by a substantially younger person or that similarly situated employees were treated differently, and did not provide a statistically relevant analysis to show that the reduction in force caused an adverse impact on employees over 40. The trial court did not abuse its discretion in striking the plaintiff's untimely filed rebuttal expert report and the affidavits of undisclosed witnesses and it did not abuse its discretion in striking evidence filed with the plaintiff's inappropriately filed Civ.R. 52 motion for findings of fact and conclusions of law.