580 N.E.2d 496 | Ohio Ct. App. | 1989
Plaintiff, CSX Transportation, Inc., appeals from a judgment rendered by the Ohio Court of Claims in favor of defendants, Public Utilities Commission *12
of Ohio and the Ohio Department of Transportation. Plaintiff's complaint sought contribution from defendants pursuant to R.C.
Plaintiff is a rail common carrier authorized to do business in the state of Ohio where it owns, maintains and uses railroad tracks on private rights-of-way, one such track intersecting State Route 162 in Medina County. Defendant Public Utilities Commission of Ohio ("PUCO") issued an order on November 1, 1978 finding that crossing to be hazardous and in need of additional lights. The order directed plaintiff to place lights and gates at the crossing, with the cost of placement to be apportioned between plaintiff and the county of Medina.
Subsequently, in July 1979, Medina County informed PUCO that it did not have funding available to cover its apportioned share of the cost for installing the lights and gates. When the funding situation failed to improve, PUCO, in May 1984, revoked its 1978 order and dismissed the case against plaintiff.
One year later, on June 18, 1985, Dennis Ploskonka was fatally injured at the crossing in a train-car accident involving plaintiff's train. His estate filed suit against plaintiff in April 1986, which suit was ultimately settled in December 1987 for the amount of $625,000. A full and complete release of liability was obtained by plaintiff in exchange for the payment of that amount.
Plaintiff then initiated the instant cause in the Court of Claims on January 19, 1988 alleging that defendants, PUCO and the Ohio Department of Transportation ("ODOT"), negligently discharged their duty to "investigate, evaluate, designate, oversee, inspect and approve placement of grade crossing protection signs and devices" at the intersection of plaintiff's railroad and State Route 162, despite knowledge of hazardous conditions at the crossing. Plaintiff further alleged that it was entitled to contribution from defendants pursuant to R.C.
Defendants filed a motion to dismiss plaintiff's complaint for contribution on February 23, 1988, which motion was denied by the Court of Claims. Subsequent to their answer, defendants filed a motion for judgment on the pleadings, contending that the relevant Revised Code sections imposed only duties owed to the public at large and, thus, precluded the imposition of liability upon defendants; that defendants' statutory duties were not actionable in any event because they required the exercise of a high level of discretion; and that even assuming defendants' complaint stated an actionable cause, plaintiff could nevertheless prove no set of facts which would entitle it to relief since the evidence upon which its complaint relied was inadmissible as a matter of law. Following plaintiff's brief in opposition to the Civ.R. 12(C) *13 motion, the claims court granted judgment on the pleadings in favor of defendants.
Plaintiff now appeals and sets forth the following single assignment of error:
"The trial court erred in granting appellees' motion for judgment on the pleadings pursuant to Ohio Civil Rule 12(C) where appellant-CSX's pleadings did set forth an actionable claim against appellees."
Initially, it should be noted that the parties relied upon matters outside the pleadings to support their respective arguments regarding defendants' Civ.R. 12(C) motion. Although the trial court's entry of dismissal does not specifically reference these materials, it is apparent that the judgment was not premised solely upon the pleadings. As such, the parties in effect converted the Civ.R. 12(C) motion to a motion for summary judgment. Since plaintiff and defendants had a full opportunity to present evidentiary material, this court will review the dismissal pursuant to the Civ.R. 56(C) standard. Cf. FraternalOrder of Police v. D'Amico (1982),
Plaintiff argues initially that R.C.
With respect to its claims against ODOT, plaintiff argues that R.C.
Defendants respond to plaintiff's assignment of error by asserting first that PUCO had neither the duty nor the power, under the facts of this case, to order ODOT to pay the public's share of the cost for the erection of additional protective devices. Defendants maintain that R.C.
Generally, a motion for summary judgment will be granted only if, after construing the evidence most favorably to the nonmoving party, reasonable minds can only conclude that the movant is entitled to judgment as a matter of law. Civ.R. 56(C). A claim sounding in negligence must allege the existence of a duty, breach of that duty, and damage or injury as a proximate result of the breach. Strother v. Hutchinson (1981),
Here, plaintiff concedes that PUCO may not be held liable for its initial policy determination pursuant to R.C.
If the initial decision made by PUCO pursuant to R.C.
Plaintiff also argues that PUCO was negligent in failing to timely implement its 1978 order. Even if such delay could constitute negligence, any nonfeasance on the part of PUCO cannot give rise to liability under the facts of this case. Since the June 1985 accident, which forms the basis for plaintiff's action, did not occur until one year after PUCO rescinded its initial order, any negligence attributable to PUCO in failing to implement its original decision could not have caused the accident. The 1984 rescission order terminated any duty PUCO may have owed plaintiff to implement its 1978 order. As such, plaintiff's complaint as to defendant PUCO alleges only that the 1984 dismissal entry was the cause of decedent's death. Since no liability could attach to that decision, the trial court properly rendered judgment in favor of PUCO.
Plaintiff next argues that defendant ODOT breached its statutory duty set forth in R.C.
First, plaintiff misconstrues the import of the language utilized in R.C.
Second, and more fundamental to this cause, this court concludes that the mandatory provisions of R.C.
For all of the foregoing reasons, plaintiff's single assignment of error is overruled, and the judgment of the Court of Claims is affirmed.
Judgment affirmed.
REILLY, BOWMAN and GEORGE, JJ., concur.
JOYCE J. GEORGE, J., retired, of the Ninth Appellate District, sitting by assignment. *17