McPherson v. Total Car Express, Inc.
54 N.E.3d 713
Ohio Ct. App.2015Background
- In April 2011 Frank McPherson climbed an aluminum extension ladder at Total Car Express’s building to retrieve a personal air-compressor hose; the ladder slipped and he was injured.
- McPherson had prior ladder experience; the ladder was provided by owner Michael Audi and placed by McPherson’s friend Shawn Venables; McPherson did not inspect the ladder before climbing.
- Audi permitted use of his tools/equipment but was not supervising work on the day of the accident; no roofing work was being performed that day.
- McPherson filed suit alleging negligence (and other claims he did not pursue on appeal); the trial court granted summary judgment for Total Car Express and Audi.
- On appeal McPherson argued the defendants provided a defective ladder whose condition directly and proximately caused his injury.
- The trial record relied on McPherson’s deposition and Audi’s affidavit (with photos); there was no affidavit or deposition from Venables and no expert showing of ladder defect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Total Car Express/Audi owed and breached a duty by supplying a defective ladder that proximately caused injury | McPherson: ladder was defective (missing rubber pad) and defendants’ provision of it caused his fall | Total Car Express/Audi: no active participation or control that creates duty; no evidence of defect; Audi’s affidavit/photos show no apparent defect | Court: Affirmed summary judgment — no duty under active-participation doctrine and no Civ.R. 56 evidence of ladder defect or proximate causation |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (movant’s initial burden in summary judgment; nonmovant must show specific facts)
- Mitseff v. Wheeler, 38 Ohio St.3d 112 (nonmovant’s reciprocal burden; must set forth specific facts)
- Wellman v. East Ohio Gas Co., 160 Ohio St. 103 (general rule: owner owes no duty to independent contractor performing inherently dangerous work)
- Hirschbach v. Cincinnati Gas & Elec. Co., 6 Ohio St.3d 206 (active-participation exception to Wellman)
- Cafferkey v. Turner Construction Co., 21 Ohio St.3d 110 (active participation/owner liability principles)
- Vahila v. Hall, 77 Ohio St.3d 421 (summary judgment improper if material fact is genuinely disputed)
- Menifee v. Ohio Welding Prod., Inc., 15 Ohio St.3d 75 (elements of negligence)