Ohio Cas. Ins. Co. v. Allied Technical Servs., Inc.
2014 Ohio 748
Ohio Ct. App.2014Background
- N&N repaired a sewer line for the City of North Ridgeville and rented an eight-inch pump from Allied based on Allied's sizing advice.
- The pump operated overnight; rainfall caused the sewer to flood, and N&N found the pump inadequate for the increased flow.
- Ohio Casualty, N&N’s insurer, settled with homeowners for the property damage and obtained a release.
- N&N and Ohio Casualty sued Allied for statutory contribution or, alternatively, indemnity; Allied sought summary judgment citing the rental agreement's indemnity and warranty provisions.
- The trial court initially denied summary judgment but later granted it, holding the rental agreement superseded tort liability; the court treated the action as one for breach of warranty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suit falls under contribution/indemnity or breach of warranty | N&N and Ohio Casualty argue for contribution/indemnity, not warranty. | Allied contends the rental agreement bars claims as a warranty disclaimer. | Action is for contribution/indemnity; warranty disclaimer does not bar it. |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (summary-judgment standard and burden shifting)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (de novo review of summary judgment; Civ.R.56)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (Dresher: moving party bears initial burden under Civ.R.56)
- Natl. Mut. Ins. Co v. Whitmer, 70 Ohio St.2d 149 (1982) (contribution right accrues when a party pays more than its share)
- MetroHealth Medical Ctr. v. Hoffman-LaRoche, Inc., 80 Ohio St.3d 212 (1997) (indemnity and contribution interplay)