# Price v. Matco Tools, 23583 (9-28-2007)

> Ohio Court of Appeals · September 28, 2007 · 2007 Ohio 5116

URL: https://www.frixlaw.com/law-library/cases/3769685

## Case

- **Full name:** Diana Price, appellant/cross-appellee v. Matco Tools appellees/cross-appellants.
- **Court:** Ohio Court of Appeals
- **Decided:** September 28, 2007
- **Citations:** 2007 Ohio 5116
- **Precedential status:** Unpublished
- **Opinion:** Concurrence
- **Judges:** SLABY, Presiding Judge.
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3769685

## Opinion text

{¶ 50} I concur in part and dissent in part from the majority's decision. I would find that the trial court erred in failing to grant summary judgment in favor of Appellee with respect to the employment discrimination cause of action. I respectfully disagree with the majority's conclusion that there exists no genuine issue of material fact surrounding the retaliation claim. I would find that genuine issues of material fact remain as to whether there exists a proximate relationship between the protected conduct and Appellant's termination. More specifically, I disagree with the majority's conclusion that the only evidence that connects Appellant's termination to her protected activity is the proximity between the two events. The majority's treatment of the fourth prong of the retaliation test creates an untenable situation in which an employee could almost never succeed on a retaliation claim because he or she could not establish a nexus between the protected activity and the adverse employment action without a explicit admission from the employer. Accordingly, I would affirm the trial court's decision on this claim. *Page 1

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3769685. Public record. Not legal advice.