Appeals court partially upholds, reverses court decision against village of Blanchester

The Twelfth District Court of Appeals has affirmed in part and reversed in part a decision of the Clinton County Court of Common Pleas in an action filed by a former employee of the Village of Blanchester, against the village former mayor.

According to the court, Annette Curry was hired by the Village in May 1990 to serve as clerk of courts for the Mayor's Court and secretary to the mayor. Over the years, Curry was given additional duties. Thomas White was elected in November 2003 to serve as mayor of the Village for a term beginning on Jan. 1, 2004. Prior to the beginning of his term, White posted written notices around town holding himself out as mayor and notifying the public that the Mayor's Court would be closed effective January 1, 2004. Curry's employment with the Village was terminated in January 2004.

In May 2004, according to the court, Curry filed a complaint against the Village, White, and several council members alleging wrongful termination and the following intentional tort claims: defamation, infliction of emotional distress, and invasion of privacy. On July 17, 2009, the trial court granted White's motion with regard to Curry's wrongful termination claim, but denied the motion with regard to the intentional tort claims.

On appeal, White argued the trial court erred in denying his motion with regard to Curry's intentional tort claims. Curry, in turn, argued the trial court erred in granting White's motion with regard to her wrongful termination claim.

Writing an opinion for the court, Presiding Judge William W. Young affirmed in part and reversed in part the trial court's decision. Judge Young held that the trial court properly granted White's motion with regard to Curry's wrongful termination claim. However, the trial court erred in denying White's motion with regard to Curry's intentional tort claims. Judges H.J. Bressler and Robert P. Ringland concurred in the opinion.

The Twelfth District Court of Appeals affirmed in part and reversed in part the trial court's decision and sent the case back to the trial court.