Marshall v. MM EMS, LLC, 102913 OHCP, CV 11 771202

Docket Nº:CV 11 771202
Opinion Judge:John P. O'Donnell, J
Party Name:CLARENCE R. MARSHALL, Plaintiff-appellant v. MM EMS, LLC, et al., Defendants-appellees
Case Date:October 29, 2013
Court:Court of Common Pleas of Ohio
 
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CLARENCE R. MARSHALL, Plaintiff-appellant

v.

MM EMS, LLC, et al., Defendants-appellees

No. CV 11 771202

Court of Common Pleas of Ohio, Cuyahoga

October 29, 2013

JOUNRAL ENTRY AFFIRMING THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION'S FINDING OF JUST CAUSE FOR TERMINATION

John P. O'Donnell, J

This case is an appeal by plaintiff Clarence R. Marshall from the Ohio unemployment compensation review commission's decision that he was terminated from his employment with MM EMS, LLC, doing business as Mobil Martin, for just cause.

STATEMENT OF FACTS

Clarence Marshall was hired by Mobil Martin on August 31, 2010. His job was to transport wheelchair-bound in a van suited for that purpose. Upon being hired, Marshall was given a copoy of Mobil Martin's employee handbook, which provides that any worker who endangers the safety of a client may be immediately terminated.

On July 8, 2011, Marshall was dispatched to client Carl Geddas's home to bring Geddas to and from a doctor's appointment. Geddas was on a breathing treatment that required him to carry a five-liter tank of liquefied oxygen. Immediately after Marshall picked up Geddas, Geddas's wife called Mobil Martin and reported that she saw Marshall smoking in the van while her husband was inside the vehicle with his highly flammable oxygen tank. Marshall finished driving Geddas and made a run to St. John's West Shore hospital before returning to Mobil Martin's office.

Because of Mrs. Geddas's call, Marshall was met upon his return by Mobil Martin employees Paul Orgill and Larry Clancy. Orgill and Clancy told Marshall about the allegation that he smoked in the van with Geddas and the oxygen present and asked Marshall to complete a written report of his version of events. Marshall said that Geddas had asked if he were smoking in the van and that he told Geddas he had not, but Marshall did acknowledge that while smoking outside the van he briefly leaned inside it to get his coffee. He also noted in the report that " when I got on freeway to go to St. John I lit a cigrett up and took a couple puff ( sic )." Meanwhile, Orgill and Clancy examined the van and both thought that its inside smelled strongly of cigarette smoke.

Mobil Martin procured statements from Geddas, Geddas's wife and Clancy. Geddas and his wife both said that Marshall had been smoking in the van while Geddas was a passenger. Clancy's...

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