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Judge rejects Kroger Co. request to end wrongful death lawsuit over suicide of Milford employee

Attorney aims to uncover 'unconscionable conduct'
Evan Seyfried protest justice for evan
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CINCINNATI — A Hamilton County judge has rejected the Kroger Co.’s attempt to dismiss a wrongful death lawsuit that alleges harassment by store managers in Milford led to the suicide of Evan Seyfried.

The high-profile case sparked national protests in March, when demonstrators in Cincinnati, Boston, Michigan and Oregon called for Kroger boycotts to force “Justice for Evan.” They claimed Kroger ignored Seyfried’s claims of a hostile work environment.

The lawsuit claims Seyfried’s managers, bothered by safety concerns he raised during COVID-19, responded by "hazing, taunting and bullying" Seyfried. As part of the alleged bullying, Seyfried's boss "mocked and humiliated" him for wearing a mask — in line with the company's pandemic policies — as well as for his political beliefs, the suit states.

In October, Kroger filed to have the lawsuit dismissed, claiming the company had no knowledge of any mental health issues Seyfried was having, nor could they have foreseen his death by suicide. But in a 14-page ruling yesterday, Hamilton County Judge Christian Jenkins said it was too early to make that call.

“Plaintiff alleges that defendants committed intentional acts with the stated intent to make Evan’s life a ‘living hell,’” Jenkins wrote. “The court cannot conclude as a matter of law that Evan’s suicide was not reasonably foreseeable. Whether or not there is evidence to support plaintiff’s allegations cannot be determined at this juncture.”

Kroger declined to comment on the ruling but released a statement: "We are saddened by the loss of our associate and colleague, Evan Seyfried, and extend our deepest sympathy to the Seyfried family."

An attorney for Seyfried’s family said he is pleased with the decision.

“We look forward to fully uncovering the unconscionable conduct from Kroger and getting the family the justice they deserve,” said Austin LiPuma, an attorney at Frekin Myers & Reul LLC.

Jenkins dismissed five of the 15 claims asserted by Seyfried’s family, including reckless conduct and invasion of privacy. Among the claims remaining: Wrongful death, intentional infliction of emotional distress, sexual harassment, retaliation and constructive discharge.