2019 Ohio 3126
Ohio Ct. App.2019Background
- Craig Holman alleged that on October 8, 2015, workers from Columbia Gas or Miller Pipeline (identities disputed) shattered his pickup’s rear window, one worker took his keys, and another choked him, causing injury.
- Holman filed suit against Columbia Gas, Miller Pipeline, Perciles Grivanos, and six John Does; Grivanos was later dismissed and that dismissal is not appealed.
- At trial Holman presented eyewitness testimony and a surveillance video; Holman testified the tortious acts were committed by workers who were employees of either Columbia Gas or Miller Pipeline but could not identify which employer’s specific employee committed which act.
- After Holman rested, defendants moved for a directed verdict arguing Holman failed to identify the particular tortfeasors or show both companies committed tortious acts, so alternative liability did not apply.
- The trial court granted the directed verdict, finding Holman did not prove that tortious conduct was committed by both defendants (a prerequisite for alternative liability), and Holman appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the doctrine of alternative liability applies | Holman: court improperly required him to identify which defendant’s employee caused each act; doctrine shifts burden when plaintiff can only show the wrongful acts came from employees of the defendants in the alternative | Defendants: Holman failed to show tortious conduct by more than one defendant, so alternative liability is inapplicable; plaintiff must identify which employer’s employee committed each act | Held: Alternative liability inapplicable. Plaintiff failed to show tortious acts by both companies; therefore burden did not shift and directed verdict for defendants affirmed |
Key Cases Cited
- Minnich v. Ashland Oil Co., 15 Ohio St.3d 396 (1984) (adopted alternative liability; plaintiff must prove two or more defendants committed tortious acts)
- Goldman v. Johns-Manville Sales Corp., 33 Ohio St.3d 40 (1987) (reiterates that plaintiff must show all defendants acted tortiously for alternative liability to apply)
- Summers v. Tice, 33 Cal.2d 80 (1948) (classic alternative-liability example where two defendants acting negligently could have caused plaintiff’s injury)
- Turner v. North American Van Lines, Inc., 287 S.W.2d 384 (Mo. App. 1956) (illustration where successive tortious impacts by multiple actors can give rise to alternative liability)
- Peck v. Serio, 155 Ohio App.3d 471 (2003) (alternative liability inapplicable where plaintiff failed to prove both defendants breached duty)
- Cummings v. Kendall, 41 Cal.App.2d 549 (1940) (illustration showing harm caused by a single actor among several custodians does not support alternative liability)