Conley v. Endres Processing Ohio, L.L.C.
2013 Ohio 419
Ohio Ct. App.2013Background
- Conley, a former Endres Processing employee (July 2008–July 2009), sues Endres for an employer intentional tort after a July 2009 injury involving an auger.
- Conley was injured when his hand was caught in auger belts after reportedly observing the machine without lockout/tagout.
- Conley did not use a lockout device; a power disconnect switch was available and locks existed in the control room but were not used.
- Conley asserts Endres deliberately removed a safety guard or failed to enforce lockout/tagout, creating a rebuttable presumption of intent to injure.
- Endres filed a motion for summary judgment; the trial court granted it, and the Court of Appeals affirms the grant.
- The court analyzes whether a lockout device constitutes an equipment guard under R.C. 2745.01(C) and whether the metal plate over the auger belts/pulleys was a guard that Endres deliberately removed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Endres deliberately removed an equipment guard under R.C. 2745.01(C). | Conley argues Endres removed a guard (or failed to enforce lockout) to injure him. | Endres contends lockout device is a personal protective item, not a guard, and evidence shows no deliberate removal. | No deliberate removal established; summary judgment affirmed. |
| Whether the metal plate over the auger constitutes an equipment guard and was deliberately removed. | Conley contends the plate was a guard Endres deliberately removed. | Evidence shows removal was not deliberate and could be inadvertent; no policy requiring removal. | No deliberate removal; cross-assignment moot; judgment affirmed. |
Key Cases Cited
- Doe v. Shaffer, 90 Ohio St.3d 388 (Ohio 2000) (standard for summary judgments in torts; de novo review)
- Hewitt v. L.E. Myers Co., 2012-Ohio-5317 (Ohio 2012) (deliberate removal of 'equipment safety guard' defined; personal protective items distinguished)
- Klaus v. United Equity, Inc., 2010-Ohio-3549 (Ohio 2010) (lockout/tagout not implicating R.C. 2745.01(C) in this context)
- Turner v. Turner, 67 Ohio St.3d 337 (Ohio 1993) (test for genuine issue of material fact; summary judgment standard)