Duhart v. Lawson

928 N.E.2d 459, 186 Ohio App. 3d 363
CourtOhio Court of Appeals
DecidedMarch 12, 2010
DocketNo. L-09-1067
StatusPublished
Cited by1 cases

This text of 928 N.E.2d 459 (Duhart v. Lawson) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duhart v. Lawson, 928 N.E.2d 459, 186 Ohio App. 3d 363 (Ohio Ct. App. 2010).

Opinion

Osowik, Presiding Judge.

{¶ 1} This is an appeal from a judgment issued by the Lucas County Court of Common Pleas, in which the trial court denied cross-motions for summary judgment filed by appellee and cross-appellant, Verdale Duhart, and appellant and cross-appellee, U.S.A. Truck, Inc. (“USA”), and granted a declaratory judgment motion filed by appellee and cross-appellant.

{¶ 2} On appeal, USA sets forth the following assignments of error:

{¶ 8} “Assignment of Error # 1:
{¶ 4} “The trial court erred to the prejudice of appellee/cross-appellant USA Truck, Inc. when it denied appellee/cross-appellant USA Truck, Inc.’s motion for summary judgment in its February 19, 2009 judgment entry.
{¶ 5} “Under a negligence cause of action via vicarious liability, the trial court erred when [it] denied USA Truck’s motion for summary judgment when that court found, as a matter of law, that Mr. Lawson was not acting within the course and scope of his employment with USA Truck.
{¶ 6} “The trial court erred when [it] denied USA Truck’s motion for summary judgment even though the trial court found, as a matter of law, that the strict liability principles from Wyckoff Trucking, Inc. v. Marsh Brothers (1991), 58 Ohio St.3d 261[, 569 N.E.2d 1049], did not apply.”
{¶ 7} “Assignment of Error # 2:
{¶ 8} “The trial court’s February 19, 2009 judgment entry granting appellant/cross-appellee Yerdale Duhart’s motion for declaratory judgment was an abuse of discretion.
{¶ 9} “The trial court’s granting of Mr. Duhart’s motion for declaratory judgment is an abuse of discretion in that it abolishes the well-settled and time honored defense that an employer is not liable for the acts of its employees who are not acting in the course and scope of their employment.
{¶ 10} “The trial court’s granting of Mr. Duhart’s motion for declaratory judgment is an abuse of discretion in that it creates new law which was not contemplated by nor provided for by the legislature.
{¶ 11} “The trial court’s reliance on the West Virginia Supreme Court case of Jackson v. Donahue (1995), 193 W.Va. 587, 457 S.E.2d 524, in support of its granting of Mr. Duhart’s motion for declaratory judgment is an abuse of discretion.”

{¶ 12} In addition, Duhart sets forth the following cross-assignment of error:

[366]*366{¶ 13} “The trial court erred as a matter of law to the prejudice of plaintiff^appellant in holding that the employee/driver of a common carrier was not a ‘statutory employee’ pursuant to Federal Regulation which would make the issue of ‘course and scope of employment’ irrelevant.”

{¶ 14} The record contains the following relevant, undisputed facts. From April 27, 2006, until May 15, 2006, Donald Lawson was employed by USA as an over-the-road truck driver. A truck owned by USA, and displaying United States Department of Transportation (“USDOT”) number1 213754, was assigned to Lawson. USA required Lawson to drive the truck during the week and allowed him to take it home on weekends.

{¶ 15} On Sunday, May 14, 2006, Lawson drove the truck to pick up a personal friend.2 After Lawson dropped off his friend, his truck collided with a vehicle driven by Duhart at the intersection of Cherry Street and Central Avenue in Toledo, Ohio. Immediately following the collision, Lawson drove the truck away from the scene. However, Lawson later drove the truck back through the intersection, where it was identified by Duhart and was eventually stopped by police. Duhart suffered physical injuries as a result of the collision.

(¶ 16} On June 6, 2007, Duhart filed a complaint against Lawson and USA, in which he set forth claims of negligence per se and statutory violations by Lawson, along with claims of vicarious liability, strict liability, statutory violations, and negligent entrustment on the part of USA. Duhart also sought punitive damages from USA. In addition, Duhart set forth claims of vicarious liability, strict liability, negligence, statutory violations, and punitive damages against defendant “John Doe,” whom Duhart identified as the “registered owner of the [ICC] number 213754 displayed on the tractor unit involved in this collision.” Answers were filed by USA on July 9, 2007, and by Lawson on August 6, 2007.

{¶ 17} On November 14, 2007, USA filed a motion for summary judgment in which it asserted that it was not liable for Duhart’s injuries. In support, USA argued that even though it was the owner of the truck driven by Lawson, it is not strictly liable under current federal trucking regulations for injuries caused by Lawson when he was not working for USA. USA cited Wyckoff Trucking, Inc. v. Marsh Bros. (1991), 58 Ohio St.3d 261, 569 N.E.2d 1049, in which the Ohio Supreme Court held that ICC regulations apply to carrier-lessees who display an ICC number on their leased vehicles. See Section 376.12, Title 49, C.F.R. USA [367]*367also argued that it is not vicariously liable for any harm caused by Lawson’s negligence, because Lawson was not operating the truck during the course of his employment. In addition, USA argued that it is not liable in negligence for hiring, supervising, or training Lawson, or for entrusting the truck to Lawson to perform the work for which he was employed by USA. Finally, USA argued that it did not violate, or encourage Lawson to violate, any local, state, or federal laws or regulations.

{¶ 18} On May 21, 2008, Duhart filed a cross-motion for summary judgment, in which he argued that USA is liable as a matter of law for his injuries. In support, Duhart argued that pursuant to Wyckoff, 58 Ohio St.3d 261, 569 N.E.2d 1049, Lawson is a statutory employee. Accordingly, USA is liable because its ICC number was displayed on the side of the truck that caused Duhart’s injuries, whether or not Lawson was acting within the scope of his employment when the truck collided with Duhart’s vehicle. In addition, Duhart argued that it is rebuttably presumed that Lawson was acting within the scope of his employment because he was driving USA’s truck when the accident occurred. Finally, Duhart argued that summary judgment cannot be granted in USA’s favor because a genuine issue of material fact exists as to whether USA was negligent in hiring, training, or supervising Lawson, or in entrusting him with the duty of driving its truck.

{¶ 19} On the day his cross-motion for summary judgment was filed, Duhart filed a motion for declaratory judgment in which he asked the trial court to find that pursuant to federal motor-carrier-safety regulations (“FMCS regulations”), USA is responsible to pay damages resulting from the actions of its employees.

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Bluebook (online)
928 N.E.2d 459, 186 Ohio App. 3d 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duhart-v-lawson-ohioctapp-2010.