State Farm Fire & Cas. Co. v. Capital Roofing, L.L.C.
2020 Ohio 642
Ohio Ct. App.2020Background
- A soldering-related fire occurred on April 29, 2015 during copper roof repairs at Mount Air Condominium; Connell's Construction (Brandon Connell and Kevin Taylor) performed the work and admitted responsibility; Connell's had defaulted in the litigation.
- Plaintiffs (State Farm as subrogee and Mount Air) sued Capital Roofing and agent Mark Kissling for negligence (vicarious liability/respondeat superior), negligent hiring/supervision, inherently dangerous/nondelegable duty, and breach of contract.
- Trial-court summary judgment (Nov. 7, 2017, Jan. 22, 2018) granted plaintiffs damages against Capital based on vicarious liability and breach of contract (six-figure awards).
- At trial on remaining issues, a jury answered interrogatories favorably to Capital: no negligent hiring/supervision, no reserved right to control manner/means, and the use of an open-flame torch was not inherently dangerous under the circumstances.
- On appeal, the Tenth District reversed summary judgment as to vicarious liability (agency/respondeat superior) because genuine factual disputes existed on control, but affirmed summary judgment for breach of contract and the damages award; it also affirmed the trial court’s denial of directed verdict / JNOV on the jury verdict issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Capital was vicariously liable under agency/respondeat superior for Connell's negligence | Capital exercised control and/or conferred authority over Connell such that Connell was Capital's agent/employee | Connell was an independent contractor and Capital did not retain right to control manner/means of work | Reversed summary judgment for vicarious liability; genuine disputes of fact on control made summary judgment improper |
| Whether the work (using an open-flame torch to solder copper on the roof) was inherently dangerous / gave rise to a nondelegable duty | Use of torch on combustible decking is inherently dangerous to third parties, so employer cannot delegate duty | Torch use is not inherently dangerous under the facts; danger depends on methods and precautions | Trial record supported either view; jury could reasonably find it was not inherently dangerous; directed verdict/JNOV inappropriate |
| Whether Capital breached its contract to perform repairs in a workmanlike manner and appropriate damages | Capital breached implied duty to perform work in a workmanlike manner; plaintiffs seek cost to repair/damages for fire loss | Capital disputed breach and/or amount of damages | Affirmed breach-of-contract judgment; repair set by parties and subsequent completion occurred but plaintiffs' damage evidence supported the award (cost of correction/damage recovery) |
| Whether State Farm was entitled to directed verdict or JNOV on negligent hiring/retention/supervision | Hiring/retention of inexperienced workers and failure to supervise proximately caused the loss | Evidence supported competent hiring and reasonable reliance on Taylor’s experience; credibility issues existed | Overruled; credibility conflicts and competing evidence meant reasonable minds could differ, so JNOV/directed verdict not warranted |
Key Cases Cited
- Natl. Union Fire Ins. Co. v. Wuerth, 122 Ohio St.3d 594 (Ohio 2009) (discusses respondeat superior and agency-based vicarious liability).
- Councell v. Douglas, 163 Ohio St. 292 (Ohio 1955) (articulates control/right-to-control test distinguishing employees from independent contractors).
- Clark v. Southview Hosp. & Family Health Ctr., 68 Ohio St.3d 435 (Ohio 1994) (general rule: no vicarious liability for independent contractors absent control).
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (summary judgment burden-shifting framework).
- Bostic v. Connor, 37 Ohio St.3d 144 (Ohio 1988) (employee v. independent-contractor determinations are usually factual).
- Jones v. Centex Homes, 132 Ohio St.3d 1 (Ohio 2012) (contractor duty to perform in a workmanlike manner).
- Pusey v. Bator, 94 Ohio St.3d 275 (Ohio 2002) (nondelegable duty doctrine and inherently dangerous work).
- Goodyear Tire & Rubber Co. v. Aetna Cas. & Sur. Co., 95 Ohio St.3d 512 (Ohio 2002) (standard for directed verdict review).
- Environmental Network Corp. v. Goodman Weiss Miller, L.L.P., 119 Ohio St.3d 209 (Ohio 2008) (standard for judgment notwithstanding the verdict).