475 N.E.2d 1307 | Ohio Ct. App. | 1984
Plaintiff-appellant, Mark Brill, appeals a trial court order granting summary judgment in favor of defendant-appellee, Goodyear Tire Rubber Co. ("Goodyear"). We affirm.
On June 7, 1980, Brill, an employee of Carter Building and Maintenance Co. ("Carter"), was roofing a building owned by Goodyear. Brill was carrying buckets of hot asphalt from one area of the roof to another. At the same time, a fellow Carter employee was applying primer to the roof. While carrying two buckets of hot asphalt, Brill slipped on a patch of wet primer, and his left arm was plunged into one of the buckets. Brill sustained third degree burns to his hand and arm.
Brill filed suit against Carter and Goodyear. Carter was voluntarily dismissed. The trial court granted Goodyear's motion for summary judgment.
Brill argues that Goodyear's duty stems from R.C.
"Every employer shall furnish employment which is safe for the employees engaged therein, shall furnish a place of employment which shall be safe for the employees therein and for frequenters thereof, shall furnish and use safety devices and safeguards, shall adopt and use methods and processes, follow and obey orders, and prescribe hours of labor reasonably adequate to render such employment and places of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and *308 welfare of such employees and frequenters."
Brill's answers to interrogatories indicate the following facts. Carter was under contract with Goodyear to do the roofing work. Carter paid Brill's wages, and Carter's foreman supervised and controlled Brill's work. Goodyear controlled the application of roofing materials only to the extent of insuring that the job specifications stated in the contract were met. Thus, as a matter of law, Goodyear and Brill were not involved in an employer-employee relationship as defined in R.C.
At most Brill was a frequenter. With respect to frequenters, R.C.
We overrule appellant's assignment of error and affirm the judgment.
Judgment affirmed.
BAIRD, P.J., and GEORGE, J., concur. *309