Leech v. Schumaker
2015 Ohio 4444
Ohio Ct. App.2015Background
- High school junior Alec Leech was injured on May 7, 2013 when his left hand went under a table-saw guard in a construction trades class taught by Jack Schumaker.
- Schumaker had provided extensive safety training: textbook chapter on table saws, safety video, a required written test on table-saw use, and a personal demonstration before student use.
- Leech had passed the table-saw test, observed the demonstration, and had been operating the saw previously; he continued working alone after his partner left despite an instruction to use a partner for large cuts.
- Schumaker was in a small tool room inside the classroom (about 12 feet away with his back turned) or working with other students when the accident occurred.
- Leech sued the school district and Schumaker alleging reckless/wanton failure to supervise. The district and teacher moved for summary judgment asserting immunity under R.C. Chapter 2744; the trial court granted summary judgment for both. Leech appeals only the judgment for Schumaker.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Schumaker lost employee immunity under R.C. 2744.03(A)(6) by acting wantonly or recklessly | Leech: Schumaker left the immediate work area while Leech used the saw, creating a wanton/reckless failure to supervise | Schumaker: He implemented and enforced extensive safety measures; he was inside the classroom and could not be expected to watch every student every moment | Court: Schumaker's conduct was not wanton or reckless; summary judgment for Schumaker affirmed |
Key Cases Cited
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (summary-judgment standard review)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (de novo review of summary judgment)
- Celotex Corp. v. Catrett, 477 U.S. 317 (moving party's summary-judgment burden)
- Dresher v. Burt, 75 Ohio St.3d 280 (party seeking summary judgment must identify evidentiary basis)
- Anderson v. Massillon, 134 Ohio St.3d 380 (definitions: willful, wanton, reckless are distinct)
- Fabrey v. McDonald Village Police Dept., 70 Ohio St.3d 351 (wanton misconduct requires more than negligence)
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (willful misconduct involves intent to injure)
- Universal Concrete Pipe Co. v. Bassett, 130 Ohio St. 567 (conscious knowledge of surrounding conditions in wanton conduct)
- Hawkins v. Ivy, 50 Ohio St.2d 114 (historical discussion of wanton standard)
- Williams v. First United Church of Christ, 37 Ohio St.2d 150 (viewing summary-judgment record in favor of nonmoving party)