Beary v. Larry Murphy Dump Truck Serv., Inc.
2011 Ohio 4977
| Ohio Ct. App. | 2011Background
- Beary, an employee of Larry Murphy Dump Truck Service, Inc. (LMDT), was injured when a skid steer operated by Road Aggregates, owned by the same owner, backed up toward him while he and a coworker were placing caution tape around a paving area.
- The skid steer was owned by LMDT and did not have a working backup alarm due to corroded/disconnected wiring.
- Beary sued LMDT for an intentional tort under R.C. 2745.01 and Road Aggregates for negligence, alleging injury from the machine’s operation.
- Road Aggregates argued Blackburn, the operator, was a loaned servant and that it had no control over the job site or equipment.
- The trial court granted summary judgment to both defendants; the appellate court reviews de novo whether there are genuine issues of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a genuine issue of material fact on whether LMDT committed an intentional tort? | Beary contends backup alarm failure shows deliberate intent or substantial certainty of injury. | LMDT argues alarm failure does not fit an equipment safety guard and no deliberate removal is proven. | No; alarm not an equipment safety guard, and no deliberate removal shown; summary judgment for LMDT affirmed. |
| Is Road Aggregates liable under the loaned servant doctrine for Blackburn’s negligence? | Blackburn’s negligence is attributable to Road Aggregates due to control of the project. | Blackburn was a loaned servant to LMDT; Road Aggregates is immune for negligence. | Yes; Blackburn was loaned to LMDT and Road Aggregates entitled to immunity; summary judgment affirmed. |
Key Cases Cited
- Houndshell v. American States Insurance Company, 67 Ohio St.2d 427 (1981) (summary-judgment standard; material facts)
- Inland Refuse Transfer Company v. Browning-Ferris Industries of Ohio, Inc., 15 Ohio St.3d 321 (1984) (material fact requirement for summary judgment)
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (1987) (de novo review of summary judgment standard)
- Drescher v. Burt, 75 Ohio St.3d 280 (1996) (burden-shifting in summary-judgment context)
- Dirksing v. Blue Chip Architectural Products, Inc., 100 Ohio App.3d 213 (1994) (loaned servant doctrine framework)
- Medina v. Harold J. Becker Company, Inc., 2005-Ohio-5438 (2005) (loaned-employee immunity analysis)
- Fickle v. Conversion Technologies International, Inc., 2011-Ohio-2960 (2011) (equipment-safety-guard definitions; plain-meaning approach)
- Beary v. Larry Murphy Dump Truck Service, Inc., 2011-Ohio-4977 (2011) (appellate affirmation of summary judgments)