2013 Ohio 1095
Ohio Ct. App.2013Background
- Ryan Smith, 17, began working as a school-sponsored intern for Esser & Sons, Inc. on June 30, 2008, as a plumbing contractor.
- The crew dug a trench around a leaking fire hydrant, approximately seven feet deep, which filled with rainwater over two days.
- Foreman Clouser directed Ryan, under supervision, to work in the muddy trench to chip away at the thrust block using an electric hammer.
- The trench lacked safety measures (no safety box or shoring) and had near-vertical walls, with OSHA-regulated slope requirements not met.
- Ryan’s hand was trapped when water rose; he was submerged briefly and sustained severe hand injuries.
- Ryan filed a workplace intentional tort action in March 2009; Esser later obtained summary judgment, which this court reversed and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether genuine issues of material fact existed for an employer intentional tort claim | Smith argues Esser knew of hazards and deliberately ignored safety | Esser argues no substantial certainty of injury; statute provides standard shift | Summary judgment improper; genuine issues exist |
Key Cases Cited
- Fyffe v. Jeno’s, Inc., 59 Ohio St.3d 115 (1991) (establishes Fyffe standard for employer intentional tort)
- Kaminski v. Metal & Wire Prods. Co., 125 Ohio St.3d 250 (2010) (upholds constitutionality of R.C. 2745.01)
- Stetter v. R.J. Corman Derailment Servs., L.L.C., 125 Ohio St.3d 280 (2010) (confirms statutory standard for employer intent)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (Dresher—shifts burden to non-movant on summary judgment)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (defines summary-judgment standard)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (applies Civ.R.56 standard and de novo review)
- AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (1990) (Civ.R.56 summary-judgment principles)
- Viock v. Stowe-Woodward Co., 13 Ohio App.3d 7 (1983) (summary-judgment standard and evidentiary burden on movant)