Ponyicky v. Schemrich, 2014 Ohio 3540

On May 22, 2010 a City of Brunswick bus driven by Crystal Schemrich rear-ended James Ponyicky, injuring him; Schemrich was cited for failing to maintain an assured clear distance.
The Ponyickys sued the City and Schemrich for negligent operation (and later negligent maintenance); Schemrich moved for judgment on the pleadings asserting political-subdivision employee immunity and was dismissed after the Ponyickys conceded her immunity.
The City moved for summary judgment arguing it was immune under R.C. 2744 because Schemrich was not the City’s employee but an employee of Medina County Public Transit (Medina Transit), an independent contractor.
The Ponyickys opposed summary judgment, pointing to the City–Medina Transit contract and testimony (City service director and Schemrich) indicating the City controlled routes, schedules, buses, driver approval, and could discipline/remove drivers, while Medina Transit hired, paid, and provided benefits to drivers.
The trial court denied the City’s motion, finding genuine issues of material fact over whether Schemrich was an employee or an independent contractor; the appellate court affirmed, holding the employment-status question was one for the factfinder because reasonable minds could differ.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether City is immune under Ohio political-subdivision immunity because bus driver was not its employee	Ponyicky: Contractual terms and City practices show City controlled details (routes, schedules, driver approval, discipline), creating genuine issue that driver was City employee	City: Medina Transit hired, paid, insured, supervised drivers; contract merely set performance specs; Schemrich was Medina Transit employee (independent contractor)	Denied summary judgment; genuine factual dispute whether driver was employee or independent contractor, so issue for jury/factfinder

Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (standard of appellate de novo review of summary judgment)
Temple v. Wean United, Inc., 50 Ohio St.2d 317 (summary judgment standards under Civ.R. 56)
Dresher v. Burt, 75 Ohio St.3d 280 (moving party burden in summary judgment)
State ex rel. Zimmerman v. Tompkins, 75 Ohio St.3d 447 (nonmoving party burden to show genuine issue)
State ex rel. Nese v. State Teachers Retirement Bd. of Ohio, 136 Ohio St.3d 103 (right-to-control test for employee v. independent contractor)
Bobik v. Indus. Comm., 146 Ohio St. 187 (right-to-control principle)
Gillum v. Indus. Comm., 141 Ohio St. 373 (control includes details and method of work)
Bostic v. Connor, 37 Ohio St.3d 144 (issue of employee v. independent contractor ordinarily for jury)
Pusey v. Bator, 94 Ohio St.3d 275 (if manner/means left to worker, independent contractor relationship)