Irving v. Austin

Sherck, Judge.

This is an appeal from a summary judgment issued by the Lucas County Court of Common Pleas in favor of a public agency caseworker in an intentional infliction of emotional distress case. Because we conclude that there is a question of fact as to whether the caseworker’s acts were reckless, we reverse.

Appellee is Sammy Austin, 1 a caseworker for the Lucas County Children Services Board (“CSB”). In 1995, as part of his responsibilities ancillary to a child neglect and dependency action, appellee sought to determine paternity for then nine-year-old Tony H.

Tony H. is a dark-skinned…