Kinderdine v. Alleman
2016 Ohio 5481
| Ohio Ct. App. | 2016Background
- Plaintiffs Tracy Kinderdine et al. filed a motion for reconsideration of this court's prior decision in their consolidated appeals arising from a vehicular/ liability dispute involving defendant Breanna Alleman.
- The court previously found the appeals moot as to certain defendants and addressed Alleman’s liability based on allegations she acted within the scope of employment with ESC.
- The trial court had granted summary judgment in favor of (another defendant) Callos; that disposition affected this appeal’s posture and mootness determinations.
- Plaintiffs alleged Alleman acted within the scope of employment (invoking the loaned-servant doctrine) and that she engaged in willful, wanton, or reckless conduct to overcome statutory immunity under R.C. 2744.03(A)(5) and (A)(6)(b).
- This court concluded Alleman, as an ESC employee under the loaned-servant doctrine, was immune under R.C. 2744.03(A)(5) and that plaintiffs failed to plead operative facts showing willful, wanton, or reckless conduct, relying instead on conclusory allegations.
- Plaintiffs moved for reconsideration claiming the appellate court applied the wrong standard for reviewing a judgment on the pleadings; the court denied reconsideration as raising only disagreement, not an obvious error or new issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard for reconsideration | Court misapplied standard for reviewing judgment on the pleadings | Prior decision was correct; reconsideration not warranted | Motion denied — plaintiffs merely disagree, no obvious error shown |
| Alleman's immunity under loaned-servant doctrine | Alleman was acting within scope of employment, but plaintiffs contend immunity should not apply because of alleged reckless/wanton/willful conduct | Alleman (as ESC employee) immune under R.C. 2744.03(A)(5); plaintiffs failed to plead facts showing willful/wanton/reckless conduct | Held Alleman immune under loaned-servant doctrine; plaintiffs’ allegations were conclusory and insufficient to overcome statutory immunity |
Key Cases Cited
- Columbus v. Hodge, 37 Ohio App.3d 68 (1987) (sets the appellate standard for motions for reconsideration — must show an obvious error or an issue not adequately considered)