Hubble v. Haviland Plastics Prods. Co.
2010 Ohio 6379
Ohio Ct. App.2010Background
- MPR operates a plastics recycling warehouse in Haviland, Ohio with bales stacked up to six high, each bale weighing 1,000–2,000 pounds and secured by wires.
- Hubble, employed by MPR, was sweeping the warehouse when a bale fell and caused severe injuries, leaving him a paraplegic.
- Hubble filed an employer intentional tort claim against Haviland and MPR on September 7, 2006; later amended to substitute DPI for Haviland.
- OSHA had previously cited MPR for unsafe stacking and dangerous conditions; after the accident, OSHA again cited MPR for improper stacking.
- The trial court granted summary judgment to DPI and MPR on May 12, 2010, following a supplemental motion based on a change in the law; Hubble appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court correctly granted summary judgment on the employer intentional tort claim. | Hubble argues there are triable issues on intent. | MPR/DPI contend the statutory standard requires deliberate intent or certainty prior to liability. | No genuine issue of deliberate intent; statute requires specific intent or substantial certainty; judgment affirmed. |
Key Cases Cited
- Franks v. The Lima News, 109 Ohio App.3d 408 (1996) (summary judgment standard; de novo review on appeal)
- State ex rel. Howard v. Ferreri, 70 Ohio St.3d 587 (1994) (three-part Civ.R. 56 test for summary judgment)
- Kaminski v. Metal & Wire Products Co., 125 Ohio St.3d 250 (2010) (statutory standard for employer intentional tort under R.C. 2745.01; constitutional)
- Fyffe v. Jeno’s Inc., 59 Ohio St.3d 115 (1991) (common law standard before statutory change)