Jackson v. Hogeback
2014 Ohio 2578
Ohio Ct. App.2014Background
- Jackson was injured Nov. 29, 2010 when Hogeback assaulted him at the Presidio Pines construction site, breaking his jaw and injuring his hand.
- Presidio Pines is owned/operated by Tari and Thomas Spurlock, who hired Hogeback in April 2010 to perform general carpentry work.
- OLC Excavating and Construction, the Presidio Pines contractor, and its employee Hickey were at the site when the incident occurred, and Jackson had stopped by the site.
- Spurlocks allegedly faced prior incidents involving Hogeback; after the assault, Wengler notified Spurlock, who reportedly remarked that the incident had happened before.
- The Spurlocks and Presidio Pines moved for summary judgment claiming Hogeback was an independent contractor; Jackson cross-moved for summary judgment on liability; the trial court denied both motions, finding genuine disputes of material fact.
- The case proceeded to trial, where the court granted a directed verdict in favor of the appellees; the jury later returned a verdict for Jackson against Hogeback.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied summary judgment on liability | Jackson argues Hogeback was an employee and appellees knew of his dangerous propensities | Spurlocks/Presidio Pines contend Hogeback was an independent contractor and not liable for vicarious liability | Error not shown; denial affirmed due to genuine issues of fact barring summary judgment |
| Whether the directed verdict for Spurlock and Presidio Pines was proper | Hogeback acted within the scope of employment or appellees ratified his conduct; negligent hiring/supervision possible | Court should find no vicarious liability and no direct liability given scope of employment and lack of control | Partially sustained; directed verdict reversed in part on negligent hiring/supervision/retention and remanded; other claims affirmed |
Key Cases Cited
- Natl. Union Fire Ins. Co. of Pittsburgh, PA v. Wuerth, 122 Ohio St.3d 594 (Ohio 2009) (vicarious liability requires scope of employment for respondeat superior)
- Byrd v. Faber, 57 Ohio St.3d 56 (Ohio 1991) (intentional torts outside scope of employment negate vicarious liability)
- Groob v. KeyBank, 108 Ohio St.3d 348 (Ohio 2006) (intentional acts must promote the employer's business to sustain liability)
- Brown-Spurgeon v. Paul Davis Sys. of Tri-State Area, Inc., 12th Dist. Clermont No. CA2012-09-069, 2013-Ohio-1845 (Ohio 2013) (negligent hiring/retention requires knowledge of violent propensities and foreseeability)
- Prewitt v. Alexson Servs., Inc., 12th Dist. Butler No. CA2007-09-218, 2008-Ohio-4306 (Ohio 2008) (negligent hiring/supervision framework in Butler County)
- Rozzi v. Star Personnel Services, Inc., 12th Dist. Butler No. CA2006-07-162, 2007-Ohio-2555 (Ohio 2007) (knowledge of employee propensities relevant to negligent hiring)
- Lindsay P. v. Towne Properties Asset Mgt. Co., Ltd., 12th Dist. Butler No. CA2012-11-215, 2013-Ohio-4124 (Ohio 2013) (foreseeability as to criminal acts; employer knowledge question)
- Wagner v. Ohio State Med. Ctr., 2010-Ohio-2561 (Ohio 2010) (criminal acts are difficult to predict; foreseeability standard)
- Albain v. Flower Hosp., 50 Ohio St.3d 251 (Ohio 1990) (duty in selecting independent contractors)