Jones v. Terminal Ready-Mix, Inc.
2021 Ohio 2164
| Ohio Ct. App. | 2021Background
- On October 16, 2015, Thomas Jones fell from a raised pipe/rail while making a delivery at Terminal Ready-Mix’s premises while accessing the building's scale window. He alleged multiple injuries.
- Jones sued under Ohio's "frequenter" statute, R.C. 4101.11, asserting Terminal Ready-Mix was liable to him as a frequenter (not as an employee).
- Complaint was filed January 24, 2020. Defendant moved to dismiss under Civ.R. 12(B)(6) as time‑barred, arguing the two‑year personal‑injury statute of limitations applied.
- The core dispute was whether Jones’s R.C. 4101.11 claim is a liability "created by statute" (invoking the former six‑year limitations of R.C. 2305.07) or a codification of a common‑law negligence duty subject to the two‑year limitations of R.C. 2305.10(A).
- The trial court dismissed the complaint as untimely under the two‑year rule; Jones appealed to the Ninth District Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute of limitations applies to a claim brought under R.C. 4101.11: former R.C. 2305.07 (six years) or R.C. 2305.10(A) (two years)? | Jones: R.C. 4101.11 creates a statutory liability, so the six‑year limitations of former R.C. 2305.07 governs; McAuliffe supports six years. | Terminal Ready‑Mix: R.C. 4101.11 merely codifies the common‑law duty to invitees; under McAuliffe the claim is not a liability "but‑for" created by statute, so the two‑year bodily‑injury limitations apply. | The court held R.C. 4101.11 codifies the common‑law invitee duty (not a new statute‑based liability); McAuliffe's "but‑for" test fails; R.C. 2305.10(A)'s two‑year limitations applies and the complaint is time‑barred. |
Key Cases Cited
- McAuliffe v. W. States Import Co., 72 Ohio St.3d 534 (1995) (adopts the "but‑for" test to decide whether a cause of action is a liability created by statute for purposes of R.C. 2305.07)
- Kucharski v. Natl. Eng. & Contracting Co., 69 Ohio St.3d 430 (1994) (explains R.C. 4101.11 and related sections are the "frequenter" statutes and codify the common‑law duty to invitees)
- Ohio Bur. of Workers' Comp. v. McKinley, 130 Ohio St.3d 156 (2011) (sets standards for Civ.R. 12(B)(6) dismissal where a complaint facially shows a statute‑of‑limitations bar)
- Westwood v. Thrifty Boy Super Markets, Inc., 29 Ohio St.2d 84 (1972) (holds R.C. Chapter 4101 does not abolish common‑law defenses such as assumption of risk)
- Eicher v. United States Steel Corp., 32 Ohio St.3d 248 (1987) (recognizes the frequenter statute codifies common‑law duties owed to business invitees)
- McConville v. Jackson Comfort Sys., Inc., 95 Ohio App.3d 297 (1994) (characterizes R.C. 4101.11 as codifying common‑law invitee duties)