Pearson and College negotiating out of court

Pearson suit filed before tort reform laws go into effect

Lawyers for the College and Professor of Trumpet Byron Pearson are continuing to negotiate out of court to resolve charges filed against the College and Dean of the Conservatory Karen Wolff by Pearson, according to Pearson's lawyer. A trial date has not yet been set.

Pearson's suit, filed on Jan. 20, charges the College and Wolff with unlawfully violating due process and tenure rights and accuses the College of age-based discrimination. It also states that around June, Pearson's salary was frozen and a search committee was formed to find a replacement for him. Pearson is asking for damages in excess of $25,000, the exact amount would be determined at trial.

The case, filed by Pearson and his wife Anne Pearson, was one of many suits filed in Ohio before Feb. 1. A tort reform bill went into effect in February and prompted many plaintiffs to file their suits before February. The reform limits the amount of damages that can be awarded.

"Tort reform played no part in the timing of the filing of this suit," Matt Nakon, Pearson's lawyer, said. Nakon also said there have been some preliminary negotiations to settle the case out of court but a settlement is "probably not likely at this point."

Michael Frantz, the College's attorney, said he believes Pearson filed the suit about one or two days before the reform went into effect. He said the timing of the filing of Pearson's case was probably due to the new tort reform. "I think that's a very safe assumption," Frantz said.

James Walsh, professor of sociology and a lawyer, said, "[The reform] puts a cap on the damages that plaintiffs can be awarded and alters the amount of punitive damages as well."