Phung v. Waste Management, Inc.

For the second time, this case comes before the court on appeal from a judgment rendered by the Court of Common Pleas of Sandusky County, Ohio, dismissing appellant’s complaint for failure to state a claim upon which relief may be granted. For the reasons stated below, the trial court’s decision is affirmed in part and modified in part and the cause is remanded to the trial court for further proceedings according to law.

On June 1, 1983, appellant, Dr. Peter L. Phung (hereinafter “Phung”), filed a complaint against his employer, Waste Management, Inc. (hereinafter “Waste Management”), and his…