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Woman says perfume sent her to hospital, sues co-workers

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By Matt Sanctis, Staff Writer Updated 7:43 AM Wednesday, November 24, 2010

URBANA — The smell of a Japanese Cherry Blossom may sound pleasant, but it’s causing a stink within the Champaign County Department of Job and Family Services.

Pamela Core, an employee for the county department, has filed a complaint in Champaign County Common Pleas Court against two co-workers. Core is accusing the women of intentionally wearing a perfume called Japanese Cherry Blossom, despite knowing that the fragrance caused an allergic reaction that once required Core to visit the emergency room.

The complaint alleges that in February 2008, Core was working in the department when she began experiencing difficulty breathing. She later discovered the perfume caused an asthmatic reaction.

The complaint argues that despite that knowledge, no action was taken within the department, and the defendants refused to stop wearing the fragrance.

In addition, the complaint alleges the defendants posted comments on their Facebook page joking about the issue, and later intentionally approached Core while wearing the perfume, forcing her to use an inhaler to control her breathing.

John Gerboth, a Springfield attorney representing Core in the case, said similar complaints were also filed with the Equal Opportunity Employment Commission and the Ohio Personnel Board of Review.

Andrew Vollmar, an attorney for one of the defendants, filed a response denying most of the allegations, and among other issues, argues that the complaint is barred by Ohio Worker’s Compensation laws, and that the court lacks jurisdiction in the case. Vollmar did not return a call seeking comment this week.

In addition, Champaign County prosecutors filed a motion asking that the court dismiss the case.

According to the motion filed by the county, while Core’s factual allegations in the case may be true, her complaint also draws conclusions that cannot be proven.

“There are no factual allegations that Defendants intended anything except to wear a particular fragrance,” the county’s motion states. “Although the Complaint is rife with unsupported conclusions regarding Defendants’ knowledge or intent, there are very few facts alleged that Defendants’ conduct rose to an actionable offense, even if such facts are presumed true.”

Core, a social service worker at the organization, has been working for DJFS since 2003, Gerboth said. She has been placed on inactive pay status but is still employed by the department, he said.

Contact this reporter at (937) 328-0355 or msanctis@coxohio.com.

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