Hackney v. Ward
2014 Ohio 4413
Ohio Ct. App.2014Background
- Jennifer Hackney, an independent contractor performing roof inspections for Home Solutions, climbed Justin Ward’s ladder at his house in August 2011 to inspect his roof and fell while descending, suffering major injuries.
- Ward agreed to let Hackney borrow his extension ladder, carried, extended, and set it against the house; Hackney inspected the ladder and agreed it was safe before climbing.
- Ward braced the ladder while Hackney ascended and again when she called him to brace it for her descent; as she pivoted to step onto a lower rung the ladder fell away and she fell.
- Hackney testified she did not know what caused the ladder to fall and conceded the fall might have resulted from her unfamiliarity with the ladder or improper setup, but she could not identify a specific act by Ward that caused the accident.
- Hackney sued Ward for negligence; the trial court granted Ward summary judgment, finding no duty breached or causation shown; Hackney appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ward "actively participated" in inherently dangerous work so as to owe a duty to Hackney | Hackney: Ward actively participated by moving, extending, placing, and bracing the ladder, thereby assuming a duty of care | Ward: His acts were limited to lending, carrying, setting, and briefly bracing the ladder and did not direct, control, or permit/deny critical acts that caused the injury | Court: Even if "active participation" were assumed, Hackney failed to show breach or proximate causation; summary judgment for Ward affirmed |
| Whether Ward breached any duty in placing/extending the ladder | Hackney: Placement/extension was negligent and caused the fall | Ward: He placed and extended the ladder appropriately; no evidence of negligent placement | Court: No evidence Ward’s placement/extension was negligent; Hackney produced no specific facts of breach |
| Whether Ward's actions proximately caused Hackney’s injuries | Hackney: Ward’s actions caused the ladder to give way and thus caused her injuries | Ward: Hackney cannot identify a causal act by Ward; multiple other causes (e.g., her unfamiliarity, inherent risk) exist | Court: Hackney’s speculation insufficient; she failed to raise genuine issue of material fact on causation |
| Whether summary judgment was appropriate | Hackney: Factual disputes (placement, movement of ladder, bracing) preclude summary judgment | Ward: Depositions show no breach or causation; thus no triable issue | Court: De novo review finds no genuine issue of material fact; summary judgment for Ward proper |
Key Cases Cited
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (1998) (summary judgment standard explained)
- Menifee v. Ohio Welding Products, Inc., 15 Ohio St.3d 75 (1984) (elements of negligence: duty, breach, proximate cause)
- Wellman v. East Ohio Gas Co., 160 Ohio St. 103 (1953) (owner generally owes no duty to independent contractor for inherently dangerous work)
- Hirschbach v. Cincinnati Gas & Elec. Co., 6 Ohio St.3d 206 (1983) (owner liable if it "actually" or "actively" participates in contractor’s dangerous work)
- Cafferkey v. Turner Construction Co., 21 Ohio St.3d 110 (1986) (articulation of active-participation exception)
- Mitseff v. Wheeler, 38 Ohio St.3d 112 (1988) (movant’s burden on summary judgment)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (nonmovant’s burden to present specific facts after movant meets initial burden)
- Village of Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (appellate de novo review of summary judgment)