Cross v. Gerstenslager Co.

Reece, Judge.

On August 29, 1988, plaintiff-appellant, Willie Cross, filed a complaint against defendant-appellee, the Gerstenslager Company, Cross’s former employer. Cross alleged that on February 29, 1988, he was discharged in violation of R.C. 4123.90 because he filed a workers’ compensation claim. Appellee filed an answer which included several affirmative defenses, but did not assert the defenses of statute of limitations or lack of subject matter jurisdiction.

Appellee moved for dismissal and/or summary judgment on the basis that Cross did not file a ninety-day notice of intent to sue…