2017 Ohio 7160
Ohio Ct. App.2017Background
- On Aug. 29, 2012 Jerry Cornell (employee/foreman) was severely burned when a clog in a lime hopper released thousands of gallons of scalding water–lime slurry; he sued the plant owner (Mississippi Lime Co.) for negligence and his employer (Wellsville Terminal Co.) for an employer intentional tort.
- Plant owner owned/placed the hopper and equipment on employer’s leased property and had contractual responsibility to repair/replace conveyance equipment; employer performed unloading and operations under an independent contractor agreement.
- The hopper had no lid, vibrators and shaker were often inoperable, and employees commonly cleared clogs by dumping crane buckets of river water into the hopper; plant owner knew of equipment condition and clogging but did not control day-to-day operations.
- Employer had a policy requiring workers to stand clear during flushes and to wear PPE when working with lime; Cornell knew wet lime can burn and nevertheless used a high-pressure hose at the base of the hopper (contrary to policy), triggering the release that caused his injuries.
- OSHA later cited employer for multiple safety violations; plant owner implemented training after the accident.
- Trial court granted summary judgment to both defendants; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plant owner owed duty/liability despite independent-contractor relationship (Wellman exception) | Mississippi Lime had ownership and contractual duty to maintain equipment, knew of dangerous flushing practice, and thus actively participated or controlled a critical variable | Plant owner did not actively control the operational process; employer performed inherently dangerous work and created the hazard | No duty — Wellman rule bars liability where owner did not actively participate/control critical variable; summary judgment affirmed for plant owner |
| Whether plant owner's alleged failures (maintenance, warnings) support negligence given open-and-obvious doctrine | Plant owner’s failure to maintain/ warn made the hazard foreseeable and not open-and-obvious as to legal duty | Hopper full of steaming slurry and visible steam made the danger objectively open and obvious; Cornell saw and acknowledged the danger | Danger was open and obvious; plant owner owed no duty — summary judgment affirmed |
| Whether employer acted with specific intent to injure (R.C. 2745.01; employer intentional tort) | Employer’s failure to train and its dangerous method for clearing clogs support an inference of deliberate intent or a rebuttable presumption under §2745.01(C) | Employer’s deficient practices were negligent, not deliberate intent; employer had safety rules forbidding proximity during flush; Cornell knowingly violated policy | No evidence of specific intent to injure; rebuttable-presumption argument fails; summary judgment for employer affirmed |
| Whether punitive damages against plant owner should proceed | Plant owner’s conduct justified punitive damages (gross/wanton disregard) | Summary judgment on liability bars punitive-damages claim | Moot — liability dismissed, so punitive-damage claim not reached |
Key Cases Cited
- Wellman v. East Ohio Gas Co., 160 Ohio St. 103 (Ohio 1953) (owner generally not liable for injuries to independent contractor’s employees absent active participation)
- Sopkovich v. Ohio Edison Co., 81 Ohio St.3d 628 (Ohio 1998) (owner’s active participation/control of a critical variable can create duty to contractor’s employees)
- Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79 (Ohio 2003) (open-and-obvious dangers bar a landowner’s duty)
- Menifee v. Ohio Welding Products, Inc., 15 Ohio St.3d 75 (Ohio 1984) (foreseeability standard for negligence)
- Houdek v. ThyssenKrupp Materials NA., Inc., 134 Ohio St.3d 491 (Ohio 2012) (employer intentional-tort standard requires specific intent to injure)
- Perry v. Eastgreen Realty Co., 53 Ohio St.2d 51 (Ohio 1978) (distinguishes duties for static premises conditions vs. active negligence)
- Eicher v. United States Steel Corp., 32 Ohio St.3d 248 (Ohio 1987) (statutory frequenters duty codifies owner/occupier duty to invitees)