Negligent hiring claims become easier to prove in Ohio

The Ohio Supreme Court recently resolved a split of opinion among the state's appellate courts by ruling an employer can be sued for damages for an employee's misconduct under negligent hiring, retention, or supervision theories without having to prove the individual committed a crime or was civilly liable in connection with the underlying wrongful act.

Facts

In November 2014, Malieka Evans sued Akron General Medical Center (AGMC) alleging she had been abused, assaulted, and battered while seeking treatment at AGMC's emergency room. She claimed Dr. Amir Shahideh sexually assaulted her while she was sedated. Her complaint alleged the sexual abuse she experienced was the direct result of the medical center's negligent hiring, supervision, or retention of the physician.

Evans didn't file any personal injury claims against Shahideh himself. Also, local law enforcement authorities declined to pursue criminal charges against him.

Evans' lawsuit was filed in the Summit County Court of Common Pleas. In 2016, the trial court granted summary judgment (or dismissal without a trial) to AGMC based on the alleged victim's failure to file any claims against Shahideh himself and her inability to establish his civil liability or guilt of a criminal offense. The trial court concluded that under existing Ohio law, she had no right to pursue the negligent hiring claim against the medical center without showing the doctor's liability.