Givens v. Ohio Dept. of Rehab. & Corr.
2017 Ohio 819
| Ohio Ct. Cl. | 2017Background
- Plaintiff Jerome Givens, an inmate at Lake Erie Correctional Institution (LECI), alleges LECI dental staff negligently broke his tooth during dental work.
- Defendant Ohio Department of Rehabilitation and Correction (ODRC) moved for summary judgment, asserting LECI is owned/operated by Correction Corporation of America (CCA), an independent contractor.
- Defendant submitted an affidavit from an assistant chief counsel stating all LECI staff are CCA employees/agents, CCA controls hiring, hours, pay, equipment, and daily operations.
- Plaintiff filed no response or opposing evidence to the summary-judgment motion or affidavit.
- The central factual/legal dispute is whether CCA’s staff are independent contractors or agents/employees of ODRC (respondeat superior potential liability).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ODRC is vicariously liable for dental staff negligence | Dental staff at LECI (who treated Givens) were negligent; ODRC responsible | LECI and its staff are owned/operated and employed by CCA, an independent contractor, so ODRC not liable | ODRC not liable; summary judgment for defendant |
| Whether relationship is agency/master-servant or independent contractor | Implied: staff acted under ODRC control (no evidence filed) | ODRC lacked control over CCA’s daily operations, hiring, supervision, pay, and equipment | Relationship is independent contractor, not agency/master-servant |
| Sufficiency of evidence to create genuine issue of material fact | Plaintiff offered no affidavits or specific facts opposing defendant’s affidavit | Defendant’s affidavit established undisputed facts showing no material issue | No genuine issue; summary judgment appropriate |
| Jurisdictional/practical barrier to suit against non-state entity | Plaintiff sought recovery from ODRC for acts by non-state entity | ODRC argued CCA is not a state entity and thus ODRC cannot be held liable for CCA’s independent acts | Court treated it as a vicarious-liability analysis and granted judgment for ODRC |
Key Cases Cited
- Gilbert v. Summit Cty., 104 Ohio St.3d 660 (2004) (summary judgment standard)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (summary-judgment principles)
- Pusey v. Bator, 94 Ohio St.3d 275 (2002) (employer generally not liable for independent contractor negligence)
- National Union Fire Ins. Co. v. Wuerth, 122 Ohio St.3d 594 (2009) (respondeat superior and vicarious liability principles)
- Councell v. Douglas, 163 Ohio St. 292 (1955) (test distinguishing agent/master-servant from independent contractor)