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Fabbro v. National Fraternal Order of Eagles9/10/1999
JUDGMENT: Affirmed
Appellant Teresa K. Fabbro appeals a summary judgment of the Licking County Common Pleas Court in favor of appellee National Fraternal Order of Eagles (NFOE), and intervenor-appellee Western Reserve Mutual Casualty Company (Western Reserve):
ASSIGNMENTS OF ERROR
I. THE TRIAL COURT ERRED IN DISMISSING THE NATIONAL FRATERNAL ORDER OF EAGLES BY FAILING TO ACKNOWLEDGE THE ACTUAL CONTROL IT EXERTED OVER LOCAL CHAPTER #1688 AND BY FAILING TO RECOGNIZE THE NATIONAL FRATERNAL ORDER OF EAGLES' BREACH OF DUTY TO THE APPELLANT.
II. ASSUMING ARGUENDO THAT THE TRIAL COURT BELIEVED THE NATIONAL ORGANIZATION SHOULD NOT BE PARTY DEFENDANT PREMISED ON AGENCY PRINCIPALS THEN THE TRIAL COURT ERRED BY NOT PROPERLY APPLYING THE PROVISIONS OF OHIO REVISED CODE SECTION 4112.
III. THE TRIAL COURT ERRED IN DETERMINING AS A MATTER OF LAW THAT THE PLEADINGS AND EVIDENCE IN THE UNDERLYING LAWSUIT DID NOT ARGUABLY OR POTENTIALLY STATE CLAIMS FOR WHICH THERE MIGHT BE COVERAGE UNDER LOCAL CHAPTER #1688'S GENERAL LIABILITY INSURANCE COVERAGE WITH WESTERN RESERVE MUTUAL CASUALTY COMPANY.
On December 29, 1996, appellant was working for the Johnstown Lodge of the Fraternal Order of Eagles as a bartender. On that day, she left work early, claiming she was suffering from stress-induced illness. On January 2,1997, the Lodge held a meeting to discuss appellant's employment status, as some members believed she quit on the day she left work due to illness. At the meeting, appellant was informed her services were no longer needed because she had walked off the job . The members also informed appellant that she would no longer be allowed to socialize as a guest at the Lodge. Appellant was never a member of Lodge, but was an auxiliary member of a lodge in Heath, Ohio. After the January 2 meeting, appellant and a boyfriend attempted to socialize at the Johnstown Lodge. They were escorted off the premises by a deputy sheriff. Appellant later applied for a position as a bartender with the Island Raw Bar & Grill. After her application, the owner of the Island Raw Bar & Grill allegedly received a phone call from an individual identifying herself as Irene Norris. Norris allegedly told the owner of the bar that appellant should not be hired because she had filed a sexual harassment suit against the Johnstown Lodge. Regardless, appellant was hired, and worked at the Island Raw Bar & Grill for ten weeks before quitting. On April 25, 1997, appellant filed the instant action against the National Fraternal Order of Eagles, the Fraternal Order of Eagles, Local Chapter No. 1688 (Johnstown Lodge), Steve Johnson, Kenny Cramer, William Poulton, Richard Wroshirt, Harold McClanahan, Cecil Blagg, and Irene Norris.
Appellant alleged causes of action for sexual discrimination, retaliation, defamation, intentional interference with a contractual relationship, negligent and intentional infliction of emotional distress, invasion of privacy, and prohibition of the right to free association. Appellee Western Reserve provided liability insurance for the Johnstown Lodge. On July 15, 1998, Western Reserve filed a motion seeking leave to intervene in the instant action. Appellant filed a memorandum contra. The court issued a judgment granting the motion to intervene. Western Reserve thereafter filed a complaint and cross-claim seeking a declaration that it had no duty to defend and indemnify the Johnstown Lodge in the instant action. On November 23, 1998, counsel for all the individual defendants filed a motion for summary judgment. On November 30, counsel for the NFOE filed a motion for summary judgment, and on December 2, Western Reserve filed a motion for s
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