2005 Ohio 1670 | Ohio Ct. App. | 2005
{¶ 2} Shaker Foods, owned by Fuad Shaker and his family, has operated as a processor and wholesaler of potatoes, onions, carrots and lettuce since its inception in 1988. Shaker's workforce numbered approximately 50 employees, one of whom was Deborah Lyde ("Lyde"). On December 10, 1998, Lyde appeared at the Shaker plant to start her work shift accompanied by appellee Sandra Raymond. Lyde explained to Fuad Shaker that she had car trouble and that appellee Raymond had driven her to work that morning. However, Lyde informed Fuad Shaker that unless Raymond was allowed to stay at the Shaker plant and work that day, Lyde would have no way to get home and would not be able to complete her shift.
{¶ 3} Raymond had not been hired through Shaker's normal employee application process, and Fuad Shaker was introduced to Raymond only that morning by Lyde. Deposition testimony revealed that Fuad Shaker was concerned about Lyde completing her shift that day because she was the only one knowledgeable about the operation of a certain machine vital to that day's production. Because the company had used temporary help in the past, although usually through a personnel service, Fuad Shaker acquiesced to Lyde's request and permitted Raymond to work that day as a temporary worker.
{¶ 4} Raymond was assigned to the "lettuce line," where she was tasked with coring heads of lettuce. Fuad Shaker was not satisfied with her performance in that area and reassigned her to the carrot slicing machine. There, Raymond was to place whole carrots onto a conveyor, which carried them three or four feet to an automatic slicer. Sometime during her assignment there, Raymond was injured by the slicing apparatus. Raymond worked a total of five-and-one-half hours that day and was paid approximately $30.
{¶ 5} Copious litigation arose from this workplace injury. Shaker appealed to the trial court after Raymond was awarded Worker's Compensation benefits. Meanwhile, Raymond executed settlement agreements as to her intentional tort claims against Shaker and against the manufacturer of the machine, CMI Equipment Engineering Company ("CMI") in a separate lawsuit,1 but continued to pursue Worker's Compensation benefits in Case Nos. CV-99-382889 and CV-01-442112. The Bureau of Workers' Compensation ("BWC") did not approve the settlement agreements and was not a party to the other action. The BWC considers Raymond's claim to be an allowed state-fund claim.
{¶ 6} A jury trial was held on June 18, 2004. Both Raymond and Shaker presented their cases; however, prior to sending the case to the jury, the trial court granted appellee Raymond's motion for a directed verdict and issued the following order:
{¶ 7} "The court finds as a matter of law that the release relied upon by the [defendant] as a bar does not include [plaintiff's] worker's comp. claims and further said release was not filed and/or approved by the Bureau. [Plaintiff] moves for directed verdict. Said motion is granted. Court finds that [plaintiff] was an employee of [defendant] at the time of the accident."
{¶ 8} Appellant Shaker now presents this consolidated appeal with eleven assignments of error filed in two appellant's briefs.2
Appellant filed a brief relative to the merits of the underlying case on September 29, 2004 ("Appellant's Brief I") with six assignments of error.3 Appellant then filed a brief relative to the granting of the motion for attorney's fees pursuant to R.C.
{¶ 10} R.C.
{¶ 12} "In an action commenced or attempted to be commenced, * * * if the plaintiff fails otherwise than upon the merits, and the time limited for the commencement of such action at the date of reversal or failure has expired, the plaintiff * * * may commence a new action within one year after such date."
{¶ 13} Shaker's Notice of Appeal from the Industrial Commission's decision to award benefits to Raymond was filed with the trial court in Case No. CV-99-382889. Raymond filed the statutorily required petition in response, setting forth a "statement of facts in ordinary and concise language showing a cause of action to participate or to continue to participate in the fund and setting forth the basis for the jurisdiction of the court over the action." Raymond then filed a Notice of Voluntary Dismissal pursuant to Civ.R. 41(A)(1) on June 20, 2000, which dismissal was granted and journalized by the court on June 27, 2000. On June 18, 2001, Raymond filed a new petition in Case No. CV-01-442112. Because the dismissal of Case No. CV-99-382889 had been appealed by Shaker,5 Raymond filed a motion to stay proceedings in the trial court in Case No. CV-01-442112 on September 13, 2001, which was granted by the trial court on December 31, 2001. On February 25, 2002, Raymond petitioned the trial court for reactivation and to consolidate Case No. CV-99-392889 with CV-01-442112, which was granted by the trial court on July 8, 2002. The case proceeded to trial two years thereafter.
{¶ 14} As discussed above, the trial court has subject matter jurisdiction by statute as to the issue of Raymond's eligibility to participate in the Worker's Compensation Fund. Despite the fact that Shaker appealed the decision of the industrial commission, Raymond may employ Civ.R. 41(A)(1)(a) to voluntarily dismiss an appeal to the court of common pleas brought by the employer under R.C.
{¶ 15} Admittedly, the trial court's handling of Raymond's myriad and sundry motions makes for a procedural muddle; however, Raymond's dismissed complaint was indeed refiled on June 18, 2001, within one year of the June 27, 2000 Civ.R. 41(A) dismissal entry of the prior complaint. Therefore, we find that the trial court was not divested of jurisdiction to hear this case, and appellant's first and second assignments of error as set forth in Appellant's Brief I are overruled.
{¶ 17} Shaker argues that it generally followed strict hiring procedures so that each worker in its plant would be documented and that Fuad Shaker did not follow those procedures on the day Raymond was put to work in the processing center. Shaker further argues that it was Fuad Shaker's intent that Raymond be temporary, i.e. "casual" help, although testimony revealed that temporary help in the past had been hired through an agency. Finally, Shaker argues that no contract of employment was formed such that Raymond could be considered an "employee" for Worker's Compensation purposes because Shaker failed to check her eligibility to work in the United States before she started work on the day in question, pursuant to U.S.C.A. 1324a, et seq.
{¶ 18} One of the purposes of the workers' compensation system is to promote a safe and injury-free work environment. Rajeh v. Steel CityCorp.,
{¶ 19} First, an employer's failure to comply with the requirements of U.S.C.A. 1324a does not preclude an employee, even one who could not be legally employed in the U.S. because of his status as an alien subject to a deportation order, from receiving Worker's Compensation benefits. Rajehv. Steel City Corp., supra. Therefore, even if Raymond had been ineligible to work, she could properly seek benefits for her injury.
{¶ 20} Further, it is unclear exactly what Raymond's status with Shaker would have been but for her injury. Raymond was unable to finish her shift at Shaker because she was injured, but it is not clear from the record presented whether she would have been invited back. Raymond testified that Fuad Shaker told her "[she] was hired" and to report to the secretary at the Shaker plant. Raymond further testified that she was given safety equipment and told she could complete the hiring paperwork after her shift. Fuad Shaker, however, denied ever speaking to Raymond until after she had been assigned a work station at the plant and testified that he agreed to put her to work only at the behest of his highly valued employee, Debbie Lyde. He also testified that Raymond was a "casual worker" and that it was his intent to keep her on for only one day.
{¶ 21} It is clear, however, that Raymond did not earn $160 during her employ with Shaker. As a result, appellant asks this court to issue a disturbing precedent; indeed, appellant asks us to carve out a legal area where a "casual worker" who has not yet earned the requisite $160 because of a workplace injury is not entitled to the protections of R.C. 4123, et seq. Under appellant's theory, Raymond qualifies as neither an "employee" nor a "casual worker" merely because the employer, after the injury occurred, averred that it was not really his intention to hire her in the first place.
{¶ 22} We decline to set such a precedent. After a review of the record presented, we agree with the trial court that Raymond was an employee of Shaker Produce, as defined by R.C.
{¶ 24} The BWC is empowered to approve a settlement agreement between an employer and employee in a state fund claim. R.C.
{¶ 25} Shaker asserts that the settlement agreement and release of tort claims executed by Raymond in Case No. 99-CV-388990 bars her from seeking workers' compensation benefits. However, no application for approval of that settlement was ever filed with the BWC, and no such approval was forthcoming. Therefore, Raymond is not barred from seeking benefits, and appellant's fourth assignment of error, as set forth in Appellant's Brief I, is overruled.
{¶ 27} A directed verdict is appropriate where the party opposing it has failed to adduce any evidence on the essential elements of his claim. Cooper v. Grace Baptist Church (1992),
{¶ 28} Because we have already determined that there was competent, credible evidence to support appellee's claims, we now find that reasonable minds could have come to but one conclusion, and that a directed verdict for Raymond was proper. As discussed above, even when construed in the light favoring Shaker, the simple fact is that Fuad Shaker ignored his own hiring procedures at his peril. Raymond is an employee of Shaker for worker's compensation purposes, and the fifth assignment of error in Appellant's Brief I is hereby overruled.
{¶ 30} Shaker's argument rests on the assertion that the release signed by Raymond with respect to her tort claims encompasses her Workers' Compensation claim. As discussed above, we have determined it does not. In order to establish a claim of abuse of process, a plaintiff must satisfy three elements: "(1) that a legal proceeding has been set in motion in proper form and with probable cause; (2) that the proceeding has been perverted to attempt to accomplish an ulterior purpose for which it was not designed; and (3) that direct damage has resulted from the wrongful use of process." Jones v. Norfolk S. Ry. Co., Cuyahoga App. No. 84394, 2005-Ohio-879, ¶ 25, citing Yaklevich v. Kemp, Schaeffer RoweCo., L.P.A.,
{¶ 32} Appellant requested findings of fact and conclusions of law in the trial court as to both its finding that appellee was entitled to worker's compensation benefits and as to its grant of appellee's motion for legal fees. Because the trial court took the case from the jury and directed a verdict in Raymond's favor, findings of fact and conclusions of law were not mandatory. The trial court was also not required to issue findings and conclusions upon appellee's motion for legal fees because Civ.R. 52 specifically states that they are "unnecessary upon all other motions," which would include a motion for attorney's fees. Therefore, appellant's fifth assignment of error as set forth in Appellant's Brief II is overruled.
{¶ 34} We review the trial judge's decision on an award of fees and costs under R.C.
{¶ 35} As this court stated in Brandon/Wiant Co. v. Teamor (1999),
{¶ 36} In the instant case, the trial court found, "given the numerous proceedings, including dispositive motions, hearing and trial," that Raymond's attorney was entitled to the maximum amount of attorney's fees available under the statute. In light of the voluminous and tortured history of this case, we cannot find that the trial court abused its discretion in determining that a $2,500 fee was obviously reasonable in this case. Moreover, there is no statutory requirement that the trial court hold an evidentiary hearing prior to making such a finding. Therefore, assignments of error I through IV of Appellant's Brief II are overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Rocco, J., and McMonagle, J., Concur.
1. "The trial court erred to the prejudice of defendantappellant, Shaker Produce, Inc. by overruling appellant's motion for the entry of a final judgment, in contravention of the one-year time limitation imposed by section
2. "The trial court erred in assuming and exercising jurisdiction over Case No. 01-442112."
3. "The trial court erred in overruling Shaker Produce, Inc.'s motion for summary judgment in Case No. 99-392889 because (i) appellee was not a R.C. §
4. "The trial court erred in refusing to grant judgment in Shaker Produce, Inc.'s favor upon the basis of plaintiff's `FULL AND FINALGENERAL RELEASE' and, after erroneously miscasting plaintiff's burden of proof regarding such release upon the defense, in granting judgment to plaintiff notwithstanding her having previously `remised, released andforever discharged' Shaker Produce, Inc., from liability upon `all claimsseveral and otherwise past, present, or future, which can or may ever beasserted by me.'"
5. "The trial court erred in overruling Shaker Produce, Inc.'s motions for a directed verdict and, instead, directing a verdict in favor of appellee."
6. "The trial court erred in granting judgment to plaintiff upon Shaker Produce, Inc.'s counterclaims for breach of contract and abuse of process."
2. "The trial court committed error prejudicial to appellant, Shaker Produce, Inc., by granting appellee's motion for an award of attorney's fees where appellee presented no evidence whatsoever to establish (i) `the effort expended' by her counsel in prosecuting appellee's claim before the trial court, as R.C. §
3. "The trial court committed error prejudicial to appellant, Shaker Produce, Inc., by granting appellee's motion for an award of attorney's fees under R.C. §
4. "The trial court committed error prejudicial to appellant, Shaker Produce, Inc., by granting appellee's motion for an award of attorney's fees under R.C. §
5. "The trial court committed error prejudicial to appellant, Shaker Produce, Inc., and abused its discretion by overruling appellant's timely-filed, Civ. R. 52 motion for findings of fact and conclusions of law with respect to the award of attorney fees which it made."