Summary
recognizing right to jury trial under Ohio R.C. § 4112.99
Summary of this case from Grair v. Ohio Bell Telephone Co.Opinion
No. 91-2108
Submitted November 9, 1992 —
Decided December 11, 1992.
ON ORDER from the United States District Court for the Northern District of Ohio, Western Division, Certifying a Question of State Law, No. C:89CV7009.
Bruce Comly French, for petitioner.
Manahan, Pietrykowski, Bamman DeLaney and Glenn E. Wasielewski; Hunt, Moritz Johnson and Jerry M. Johnson, for respondents.
The United States District Court for the Northern District of Ohio, Western Division, has certified the following question to us:
"May the plaintiff demand a jury trial of her claims under § 4112.99, where the gravamen of the claim is discrimination on the basis of sex?"
The certified question is answered in the affirmative. See Elek v. Huntington Natl. Bank (1991), 60 Ohio St.3d 135, 573 N.E.2d 1056; and cf. Hoops v. United Tel. Co. of Ohio (1990), 50 Ohio St.3d 97, 553 N.E.2d 252.
MOYER, C.J., SWEENEY, DOUGLAS, H. BROWN and RESNICK, JJ., concur.
HOLMES and WRIGHT, JJ., concur separately.
Although I dissented in Elek v. Huntington Natl. Bank, and still personally adhere to the view espoused in such dissent, the policy of stare decisis prevails, and I must concur with the majority on that basis.
WRIGHT, J., concurs in the foregoing concurring opinion.