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business purpose. DaimlerChrysler responded to petitioner’s
complaints by advising the coworker to stop bothering petitioner.
Petitioner suffered “anxiety, embarrassment and humiliation” as a
result of the harassment.
On May 23, 2000, the same coworker pinched petitioner on her
upper arm. Petitioner and her coworker, along with his
supervisor, were in petitioner’s office when this occurred.
Petitioner did not seek medical care for her battery. The
incident was not reported to the police. The pinch inflicted by
the coworker resulted in a small contusion which lasted
approximately 10 to 14 days. This contusion was “just sore to
the touch” for a couple days. After the coworker pinched
petitioner, DaimlerChrysler issued a written warning to the
coworker. The coworker was later dismissed for unrelated
reasons, but was subsequently rehired.
Petitioner’s Settlement With DaimlerChrysler
Petitioner’s complaint for damages was filed in Lucas
County, Ohio, on April 10, 2001. The complaint alleged that she
suffered “anxiety, embarrassment, and humiliation, as well as
pain from the physical injury” as a result of the harassment.
The complaint alleged that DaimlerChrysler was responsible for
the harassment “as well as the assault and battery” on
petitioner. The action was “brought pursuant to section 4112.99,
Ohio Revised Code, as well as Ohio common law.” Ohio Rev. Code
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