You have reached your limit of free articles this month.

Enjoy unlimited access to SpringfieldNewsSun.com

Starting at just 99¢ for 8 weeks.

GREAT REASONS TO SUBSCRIBE TODAY!

  • IN-DEPTH REPORTING
  • INTERACTIVE STORYTELLING
  • NEW TOPICS & COVERAGE
  • ePAPER
X

You have read of premium articles.

Get unlimited access to all of our breaking news, in-depth coverage and interactive features. Starting at just 99c for 8 weeks.

X

Welcome to SpringfieldNewsSun.com

Your source for Clark and Champaign counties’ hometown news. All readers have free access to a limited number of stories every month.

If you are a News-Sun subscriber, please take a moment to login for unlimited access.

Ex-officer appeals lawsuit dismissal

Enon argues complaints were not filed in timely matter.


A former Enon police officer whose dismissed 2011 lawsuit alleged the village terminated her employment in retaliation for a worker’s compensation claim she made has an appeal pending and a decision is expected in the next several months.

Vikki Adams’ suit, filed late last year in Clark County Common Pleas Court, charged that the village owed her damages in excess of $25,000 due to the termination as well as disability and age discrimination after a fall in the police department’s parking lot in January 2009.

The village’s motion to dismiss on the basis that Adams failed to comply with the state’s written notice requirements was sustained by Common Pleas Judge Douglas Rastatter. “Defendant’s failure to provide written notice deprives this court of jurisdiction,” Rastatter wrote in the May 2012 order.

Adams appealed that court’s decision in June, however, saying the village “received notice of the claims (it) had against it for worker’s compensation retaliation within 90 days of her termination and a complaint was filed within 180 days of her termination.”

The portion of the Ohio Revised Code in question reads: “The action shall be forever barred unless filed within 180 days immediately following the discharge, demotion, reassignment or punitive action taken, and no action may be instituted or maintained unless the employer had received written notice of a claimed violation of this paragraph within the 90 days immediately following the discharge, demotion, reassignment or punitive action taken.”

Her appeal claims the village received written notice 33 days following her termination and it alleges no such language exists in the ORC that requires an “intent to sue” letter be sent within 90 days prior to the filing of a formal court complaint.

“The village of Enon’s motion to dismiss was nothing more than attempt to have a statute that is clear on its face re-written to accomplish the needs of the municipality,” the appeal says.

The village contends the letter is required.

“The village will aggressively defend the litigation,” Lynette Dinkler, the village’s attorney on the appeal said. She declined further comment Friday.

The fall left Adams “severely injured including a broken rib, torn rotator cuffs and additional injuries to her shoulder, neck and elbow” that resulted in surgery and the termination of her employment in “retaliation” for filing a compensation claim.

The suit also alleged Adams sustained financial and emotional damages due to a discrimination against her disabled status and a wrongful termination of her employment due to her age.

Mayor Tim Howard read a simple update on the appeal’s proceedings before village council in December, saying that it was argued before the Court of Appeals and indicated a decision is expected in the next few months.

“I hope we’re successful,” Adams’ attorney Erica Probst said Friday. She declined further comment.


Reader Comments ...


Next Up in Community News

South Florida mother scores 'Shark Tank' deal
South Florida mother scores 'Shark Tank' deal
Sarah Blain, the single mother entrepreneur who owns the South Florida-based business Sealed By Santa, appeared on Friday night’s “Shark Tank” to try get a $150,000 investment for 20 percent of her company.
More snow, rain possible today
More snow, rain possible today
Parents say suicide of Champaign County girl part of bullying epidemic
Parents say suicide of Champaign County girl part of bullying epidemic
New app, website help Flint residents deal with water issues
New app, website help Flint residents deal with water issues
A new app and website aimed at helping Flint residents and officials deal with the city’s water crisis was created by the University of Michigan and Google, The Associated Press reported.
Holiday shoppers pining for colorful Christmas trees
Holiday shoppers pining for colorful Christmas trees
Green is a traditional color for Christmas trees, but are you pining for a gold one? Or pink? How about purple?
More Stories