Richards v. Illinois Tool Works Inc.
1:24-cv-02111
N.D. OhioMay 5, 2025Background
- Delroy Richards, an employee at Illinois Tool Works Inc. (ITW), suffered a severe hand injury due to alleged inadequate guarding on a machine at work.
- Richards initially sued ITW and the Ohio Bureau of Workers’ Compensation (OBWC) in state court, but OBWC was later removed as a defendant for improper joinder.
- ITW removed the case to federal court based on diversity jurisdiction; Richards is an Ohio citizen, and ITW provided evidence of diversity.
- Richards then sought to amend his complaint, first to correct pleading deficiencies and then to replace 'John Doe' defendants with named supervisors, and to add or clarify claims.
- ITW opposed addition of the individual supervisors as defendants, arguing there is no viable respondeat superior claim against them, and their inclusion could destroy diversity jurisdiction.
- The court partially granted the motion to amend (allowing amendments except adding the supervisors) and denied the pending motion to dismiss as moot because a new complaint would be filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to allow amendment to add individual supervisors | Must add supervisors to preserve respondeat superior claim | No claim exists vicariously against individuals; destroys diversity | Denied (no claim, possible jurisdiction issue) |
| Adequacy of pleading for intentional tort claim | Proposed amendment cures deficiencies | Prior complaint insufficient under heightened standards | Granted (amendment to cure permitted) |
| Whether the motion to dismiss is still operative | -- | -- | Moot—superseded by amended complaint |
| Jurisdiction upon addition of individual (Ohio) defendants | Needed to preserve vicarious liability claims | Would destroy diversity jurisdiction, as they are likely Ohio citizens | Not permitted unless jurisdiction properly alleged |
Key Cases Cited
- Foman v. Davis, 371 U.S. 178 (U.S. 1962) (leave to amend should be freely given absent undue delay or prejudice)
- Inge v. Rock Fin. Corp., 388 F.3d 930 (6th Cir. 2004) (liberal policy permitting amendment of pleadings)
- Hauser v. City of Dayton Police Dep’t, 140 Ohio St. 3d 268 (Ohio 2014) (respondeat superior only creates liability for employer, not employees)