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THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

DR. LARRY MORRIS

3255 County Road 29

Bellefontaine, OH 43311

 Plaintiff,

v.

MARY RUTAN HOSTPIAL

205 Palmer Avenue

Bellefontaine, OH 43311

Defendant.

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 Case No. 2:18-cv-00543

 JUDGE

 MAGISTRATE JUDGE

 JURY DEMAND ENDORSED HEREON

COMPLAINT

Plaintiff Dr. Larry Morris (“Plaintiff”), for his Complaint against Defendant Mary Rutan 

Hospital (“Defendant”), hereby states as follows:

PARTIES 

1. Plaintiff is a resident of Logan County, Ohio. 

2. Plaintiff brings this action to redress injuries committed against him as a result of Defendant’s

actions.

3. Defendant is a Corporation registered to do business in the State of Ohio and conducts 

substantial business in the Southern District of Ohio. 

4. Plaintiff was an “employee” as defined in Chapter 4112 of the Ohio Revised Code and Age 

Discrimination in Employment Act of 1967, 29 U.S.C. §621, et seq. (“ADEA”).

5. Defendant is an “employer” as defined in Chapter 4112 of the Ohio Revised Code Age 

Discrimination in Employment Act of 1967, 29 U.S.C. §621, et seq. (“ADEA”).

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6. Plaintiff was an employee as that term is defined by the Americans with Disabilities Act of 

1990 as amended, 42 U.S.C. §12101, et seq. (“ADA”) and by O.R.C. Chapter 4112.

7. Defendant is an “employer” as defined by the Americans with Disabilities Act of 1990 as 

amended, 42 U.S.C. §12101, et seq. (“ADA”) and by O.R.C. Chapter 4112.

JURISDICTION AND VENUE

8. This action is brought pursuant to the Age Discrimination in Employment Act of 1967, 29 

U.S.C. §621, et seq. (“ADEA”), the Americans with Disabilities Act of 1990 as amended, 42 

U.S.C. §12101, et seq. (“ADA”), the Ohio Laws Against Discrimination, R.C. Chapter 

4112 (“Chapter 4112”), Ohio common law, and 28 U.S.C. §1331. This Court’s jurisdiction 

in this matter is also predicated upon 28 U.S.C. §1367 as this Complaint raises claims pursuant 

to the laws of Ohio, over which this Court maintains supplemental subject matter jurisdiction

9. Venue is proper in this forum pursuant to 28 U.S.C. §1391, because Plaintiff entered into an 

employment relationship with Defendant in the Southern District of Ohio, Plaintiff 

performed his job duties there, and Defendant is doing and has done substantial business in 

the Southern District of Ohio. 

10. This Complaint is being timely filed within 90 days of Plaintiff’s receipt of Notice of Right 

to Sue from the U.S. Equal Employment Opportunity Commission. (See, Notice of Right to 

Sue, attached hereto as Exhibit A.)

FACTS

11. Plaintiff's date of birth is May 29, 1943. At all times relevant herein, Plaintiff was over the 

age of forty (40).

12. At all times relevant herein, Plaintiff was a practicing physician, licensed by the State of 

Ohio.

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13. Plaintiff began his employment with Defendant on or around August of 2009. 

14. On or around April 1, 2017, Defendant entered into an employment contract with Plaintiff. 

(hereinafter, “Agreement”).

15. At all times relevant herein, Plaintiff was employed by Defendant as a General Surgeon. 

16. The term of the Agreement was scheduled to commence on April 1, 2017 and continue until 

March 31, 2018. 

17. The contract identifies specific terms by which the Agreement may be terminated.

18. Throughout his employment, Plaintiff performed various surgical procedures for 

Defendant’s Surgery Department.

19. Throughout Plaintiff’s employment with Defendant, he had never received any disciplinary 

action or negative performance evaluations. 

20. In or around March of 2017, Plaintiff was performing surgery on a patient. 

21. Plaintiff experienced an adverse outcome with said patient. 

22. Defendant then informed Plaintiff that he would have to complete certain requirements 

before he would be permitted to see any additional patients or practice surgery. 

23. Specifically, Defendant required Plaintiff to complete: a neuropsychological evaluation, a 

physical evaluation, and a course on medical record documentation.

24. Defendant also stated that Plaintiff would have to permanently discontinue all colon 

surgeries, or he would be required to have a proctor present with him for at least 10 lower 

bowel surgeries.

25. Defendant also stated that Plaintiff would be placed on a six-month probationary period, 

called a Focused Professional Practice Evaluation.

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26. Prior to this matter, Plaintiff had been practicing medicine for 39 years with no complaints 

regarding his clinical competence, his note-taking, his record keeping, or his psychological 

well-being. 

27. Prior to this matter, Plaintiff had performed approximately 150 colon surgeries during his 

thirteen-year tenure with Defendant.

28. Defendant targeted Plaintiff and took adverse employment action against him because of 

his age and because Defendant perceived Plaintiff to be disabled. 

29. Specifically, Defendant instructed Plaintiff to submit to a neuropsychological evaluation, 

without any explanation or reason provided.

30. Defendant instructed Plaintiff to submit to a physical examination, without any explanation 

or reason provided. 

31. Defendant instructed Plaintiff to take a course on medical record documentation. 

32. Defendant prohibited Plaintiff from performing any further surgeries unless he completed 

the arbitrary requirements set forth by Defendant. 

33. Other similarly situated employees who have experienced adverse outcomes with patients 

did not receive the same type of discriminatory treatment as Plaintiff. 

34. Plaintiff’s monetary compensation was less than younger physicians, who were not within 

the protected class. 

35. Defendant constructively terminated Plaintiff’s employment by prohibiting Plaintiff from 

performing any surgeries or seeing any more patients.

36. Defendant terminated Plaintiff, falsely claiming that Plaintiff and Defendant had mutually 

agreed to terminate the Agreement, pursuant to Section 4.2(a) of the Agreement.

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37. However, Plaintiff never signed a written agreement consenting to termination of the 

Agreement, as is required in Section 4.2(a) of the Agreement. 

38. Accordingly, Defendant terminated Plaintiff in breach of the Agreement.

39. Defendant discriminated against Plaintiff because of his age, and because Defendant 

perceived him to be disabled. 

COUNT I

(Age Discrimination – R.C. 4112.02)

40. Plaintiff realleges herein each of the allegations contained in the preceding paragraphs of 

his Complaint as if fully restated herein. 

41. Plaintiff was born on May 29, 1943 and at all times relevant hereto was over forty (40) years 

of age. 

42. In or around May of 2017, Defendant suddenly instructed Plaintiff to submit to physical and 

psychological evaluations, without any explanation or reason provided.

43. Defendant took adverse employment actions against Plaintiff because of his age.

44. Defendant discriminated against Plaintiff because of his age by paying Plaintiff less in 

compensation than Defendant’s younger employees.

45. Defendant discriminated against Plaintiff on the basis of age by treating him less favorably 

than other younger employees in the terms and conditions of employment, in violation of 

Chapter 4112.02 of the Ohio Revised Code. 

46. As a direct and proximate result of Defendant’s conduct, Plaintiff has suffered and will 

continue to suffer lost wages and fringe benefits. 

47. As a direct and proximate result of Defendant’s conduct, Plaintiff suffered emotional 

distress including shame, humiliation, embarrassment, and mental anguish.

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48. Defendant's conduct was willful, wanton, reckless and/or malicious for which Defendant is

liable for all legal damages, including back pay, front pay, lost benefits. emotional distress, 

compensatory damages, attorneys' fees, costs and other relief available under Ohio Revised 

Code Chapter 4112, including but not limited to punitive damages.

COUNT II

(Age Discrimination – ADEA)

49. All of the preceding paragraphs are realleged as if fully rewritten herein.

50. This claim is brought pursuant to the Age Discrimination in Employment Act of 1967, 29 

U.S.C. §621, et seq., and as amended, for employment discrimination based on age.

51. Plaintiff was born on May 29, 1943 and at all times relevant hereto was over forty (40) years 

of age. 

52. In or around May of 2017, Defendant suddenly instructed Plaintiff to submit to physical and 

psychological evaluations, without any explanation or reason provided.

53. Defendant took adverse employment actions against Plaintiff because of his age.

54. Defendant discriminated against Plaintiff because of his age by paying Plaintiff less in 

compensation than Defendant’s younger employees.

55. Defendant discriminated against Plaintiff on the basis of age by treating him less favorably 

than other younger employees in the terms and conditions of employment. 

56. As a direct and proximate result of Defendant’s conduct, Plaintiff has suffered and will 

continue to suffer lost wages and fringe benefits. 

57. Defendant willfully discriminated against Plaintiff, in that Defendant knew or showed 

reckless disregard for the fact that its conduct was prohibited by the ADEA.

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58. Defendant discriminated against Plaintiff on the basis of his age when it ordered him to 

submit to physical and psychological evaluations, by paying Plaintiff less than younger 

employees, by constructively terminating his employment, and by treating Plaintiff less 

favorably than younger employees, in violation of the ADEA, entitling Plaintiff to the 

remedies contained therein, including but not limited to back pay, front pay, lost benefits,

liquidated damages, and attorneys' fees and costs.

COUNT III

(Breach of Contract)

59. All of the preceding paragraphs are realleged as if fully rewritten herein.

60. Plaintiff and Defendant entered into a valid contract, specifically, the Employment 

Agreement attached hereto as “Exhibit B.”

61. At all times herein, Plaintiff complied with his performance obligations under the 

Agreement. 

62. Defendant failed to perform one or more of the terms of the Agreement when it terminated 

Plaintiff in contravention to the Agreement.

63. Defendant premature termination of Plaintiff was a material breach of the contract between 

Plaintiff and Defendant. 

64. As a direct and proximate result of Defendant’s breach, Plaintiff suffered compensable 

damage.

COUNT IV

(Bad Faith)

65. All of the preceding paragraphs are realleged as if fully rewritten herein.

66. Defendant owes Plaintiff a duty to act in good faith and fair dealing that is implied in the 

contract between Plaintiff and Defendant.

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67. Defendant has acted in bad faith by failing to take necessary steps to avoid breach, by 

imposing unreasonable restrictions on Plaintiff’s ability to perform his duties, and by 

restricting Plaintiff’s ability to practice medicine.

68. Defendant’s actions and omissions have been undertaken intentionally, willfully, 

maliciously, and with reckless disregard for Plaintiff’s rights.

69. As a proximate cause of Defendant’s actions and omissions, Plaintiff has suffered pecuniary 

and economic loss and severe emotional distress.

COUNT V

(Perceived Disability Discrimination – Americans with Disabilities Act)

70. All of the preceding paragraphs are realleged as if fully rewritten herein.

71. This claim is brought under federal law, pursuant to 42 U.S.C. § 12101, et seq., and as 

defined in 42 U.S.C. § 12101. 

72. Plaintiff is an otherwise qualified individual.

73. Defendant regarded Plaintiff as a disabled individual.

74. Defendant discriminated against Plaintiff because of a perceived disability by taking the 

following non-exhaustive list of actions: requiring Plaintiff to submit to neuropsychological 

and physical evaluations, prohibiting Plaintiff from conducting any surgeries, terminating 

his employment, creating false reasons for his termination, and/or by otherwise 

discriminating against him in the terms, privileges, and conditions of employment.

75. As a direct and proximate result of Defendant’s conduct, Plaintiff has suffered and will 

continue to suffer economic and non-economic damages, including, but not limited to, 

serious emotional distress and the loss of salary, benefits, and other terms, privileges, and 

conditions of employment for which Defendant is liable.

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76. Defendant’s conduct was willful, wanton, reckless, and/or malicious for which Defendant 

is liable for compensatory damages, punitive damages, and reasonable attorney’s fees and 

costs.

COUNT VI

(Perceived Disability Discrimination – Ohio Revised Code §4112.02)

77. All of the preceding paragraphs are realleged as if fully rewritten herein.

78. At all times material herein, Plaintiff suffered from an impairment and/or perceived 

impairment within the meaning of Section 4112.01(A)(16) of the Ohio Revised Code.

79. At all times material herein, Plaintiff was a qualified individual with a perceived impairment

within the meaning of R.C. §4112.01(A)(13) of the Ohio Revised Code.

80. Defendant regarded Plaintiff as having an impairment.

81. Defendant discriminated against Plaintiff because of his perceived disability by taking the 

following non-exhaustive list of actions: requiring Plaintiff to submit to neuropsychological 

and physical evaluations, prohibiting Plaintiff from conducting any surgeries, terminating 

his employment, creating false reasons for his termination, and/or by otherwise 

discriminating against him in the terms, privileges, and conditions of employment.

82. As a direct and proximate result of Defendant’s conduct, Plaintiff has suffered and will 

continue to suffer economic and non-economic damages, including, but not limited to, 

serious emotional distress and the loss of salary, benefits, and other terms, privileges, and 

conditions of employment for which Defendant is liable.

83. Defendant’s conduct was willful, wanton, reckless, and/or malicious for which Defendant 

is liable for compensatory damages, punitive damages, and reasonable attorney’s fees and 

costs.

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WHEREFORE, Plaintiff demands back pay, front pay, and benefits in an amount to be 

determined at trial, but in any event not less than $450,000.00, in compensatory damages,

liquidated damages, punitive damages, emotional distress damages, pre-judgment interest, postjudgment interest, costs, attorneys’ fees and any and all other relief, which the Court deems just 

and appropriate.

Respectfully submitted,

/s/ Peter G. Friedmann 

Peter G. Friedmann (0089293)

(Pete@TFFLegal.com)

Rachel A. Sabo (0089226)

(Rachel@TFFLegal.com)

The Friedmann Firm LLC

1457 S. High Street

Columbus, OH 43207

614-610-9757 (Phone)

614-737-9812 (Fax) 

Attorneys for Plaintiff

JURY DEMAND

Plaintiff hereby requests a jury of at least eight (8) persons.

 

/s/ Peter G. Friedmann 

Peter G. Friedmann (0089293)

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