Opinion
No. 79-1493
Decided May 7, 1980.
Mandamus — To compel discovery — Writ denied, when — Appeal remedy available.
APPEAL from the Court of Appeals for Summit County.
On January 22, 1978, appellant, Helen West, filed an action in the Court of Common Pleas of Summit County against her former employer, Roadway Express, Inc.; Otto E. Liipfert, its former president; and W.F. Spitznagel, its current president, alleging breach of implied contract of employment, sexual harassment, and an abusive, malicious, wrongful and wanton discharge from employment.
On advice of counsel, Liipfert and Spitznagel refused to answer appellant's interrogatories. Appellant then filed a motion in the Court of Common Pleas asking Judge Theodore R. Price, the trial judge and appellee herein, to order them to answer. Judge Price ordered Liipfert and Spitznagel to answer Interrogatory No. 9 by confidentially disclosing their net worths to appellant's counsel. Appellee deferred, however, deciding the propriety of the remaining interrogatories.
Appellant deposed two employees of Roadway Express. On advice of Roadway Express' counsel, they refused to answer certain questions. Appellant filed motions to order the two employees to answer the disputed questions. Appellee effectively denied the motions.
Subsequently, appellant filed a complaint in mandamus in the Court of Appeals seeking a writ compelling appellee to order that all the interrogatories and disputed questions be answered in full. Pursuant to appellee's motion, the Court of Appeals dismissed the complaint.
The cause is now before this court upon an appeal as of right.
Messrs. Hershey Browne and Mr. John L. Wolfe, for appellant.
Buckingham, Doolittle Burroughs Co., L.P.A., Mr. John M. Glenn and Mr. Robert M. Gippin, for appellee.
The orders denying the motions to compel discovery are subject to review on an appeal from the final judgment of the trial court. Mandamus is not a substitute for appeal. State, ex rel. Marshall, v. Keller (1968), 15 Ohio St.2d 203, 205.
The judgment of the Court of Appeals is, therefore, affirmed.
Judgment affirmed.
CELEBREZZE, C.J., HERBERT, W. BROWN, P. BROWN, SWEENEY, LOCHER and HOLMES, JJ., concur.