2012 Ohio 4595
Ohio Ct. App.2012Background
- Appellant Deborah Boyd, administrator of Johnny Boyd, Jr.'s estate, appeals a summary judgment for Lourexis, Millennia, USSA, and USSA Security Analysis on wrongful death and survivorship claims.
- Appellant alleged defendants’ failure to warn about high crime around the facility and failure to provide protective tools/gear.
- Nov. 28, 2008, Boyd, a security guard for USSA at a Lourexis/Millennia facility, was killed in the facility’s parking area when a van approached and gunfire occurred; the victim’s car was stolen.
- May 18, 2009, Boyd filed a wrongful death/survivorship complaint; it was dismissed Sept. 7, 2010, then refiled Nov. 29, 2010 adding Associated Estates Management (AEM).
- Following extensive motion practice, including striking an expert report, the trial court granted summary judgment for all defendants between Feb. 17–21, 2012; Boyd appeals, and the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there were genuine issues of material fact against Lourexis and Millennia | Boyd asserts defendants owed a duty to warn/protect due to surrounding crime. | Lourexis/Millennia contend there was no foreseeability or duty. | No genuine issue; duty not shown; summary judgment affirmed for Lourexis and Millennia. |
| Whether USSA'''s workplace intent tort defense was improper | Boyd argues USSA knew of risk and forced Boyd to confront danger. | USSA contends no knowledge of substantial certainty; guard duty to observe/report only. | No genuine issue of substantial certainty; summary judgment affirmed for USSA. |
Key Cases Cited
- Fyffe v. Jeno’s, Inc., 59 Ohio St.3d 115 (Ohio 1991) (three-element Fyffe test for employer intentional torts)
- Littleton v. Good Samaritan Hosp. & Health Ctr., 39 Ohio St.3d 86 (Ohio 1988) (duty determined by foreseeability of injury)
- Reitz v. May Co. Dept. Stores, 66 Ohio App.3d 188 (8th Dist.1990) (duty/foreseeability framework in negligence)
- White v. Euclid Square Mall, 107 Ohio App.3d 536 (8th Dist.1995) (foreseeability/totality of circumstances in duty analysis)