Hanson v. Kynast

494 N.E.2d 1091, 24 Ohio St. 3d 171, 24 Ohio B. 403, 1986 Ohio LEXIS 667
CourtOhio Supreme Court
DecidedJuly 2, 1986
DocketNo. 85-1126
StatusPublished
Cited by87 cases

This text of 494 N.E.2d 1091 (Hanson v. Kynast) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanson v. Kynast, 494 N.E.2d 1091, 24 Ohio St. 3d 171, 24 Ohio B. 403, 1986 Ohio LEXIS 667 (Ohio 1986).

Opinions

Parrino, J.

The first issue to be decided is whether the relationship of principal and agent existed between Kynast and Ashland. Because of the absence of proof as to the existence of a principal-agent relationship, the trial court essentially found as a matter of law that Ashland was not bound by Kynast’s conduct under the doctrine of respondeat superior.4 We agree.

This court has held that the relationship of principal and agent or master and servant exists only when one party exercises the right of control over the actions of another, and those actions are directed toward the attainment of an objective which the former seeks. Baird v. Sickler (1982), 69 Ohio St. 2d 652, 654 [23 O.O.3d 532]; Councell v. Douglas (1955), 163 Ohio St. 292 [56 O.O. 262]; Bobik v. Indus. Comm. (1946), 146 Ohio St. 187, 191-192 [32 O.O. 167]; see, also, Restatement of the Law 2d, Agency (1958) 7, Section 1. Therefore, a principal-agent relationship can be found in the instant case only if Kynast was under the control of Ashland, and if he took some action directed toward the attainment of Ashland’s objective.

In order to make this determination we must examine the relevant documentary evidence produced before the trial court. A review of the evidence reveals that William Kynast expressed an interest in Ashland when he was in high school. He requested and received written information from the university and he spoke with Ashland lacrosse coach Dick Fahrney. In his deposition Kynast testified that he chose Ashland because it had a good business school, he could live away from home, and he would be able to play lacrosse. He also testified that no promises were made to him by any Ashland official to induce him to attend the university.

[174]*174Kynast attended Ashland for three. semesters, starting in August 1981. He financed his education through bank loans and with the assistance of his parents. While at Ashland, Kynast decided to play lacrosse; however, he was never obligated to play lacrosse for the university. In addition, Kynast did not receive a scholarship, he used his own equipment while playing, and he was not compensated for his participation.

Lacrosse was instituted at Ashland in an effort to meet the needs of students, especially those coming from the East Coast where lacrosse is a popular sport. Ashland provides a coach and the players are each given a game shirt which displays the university’s name. The players also received free transportation to games at other schools, and on one occasion while Kynast played for Ashland, they received overnight lodging on a road trip. No admission fee is charged at the home games.

This court is of the opinion that this relationship between Kynast and Ashland is a relationship common to many students attending universities. A university offers a diversified educational experience which includes classroom instruction in a great variety of subjects as well as optional participation in events such as school clubs, and intramural and intercollegiate sports. All of these offerings are designed to expand and enrich a student’s overall educational experience. Students evaluate and determine which university best meets their needs, and then pay a fee to attend that university. The relationship formed under these conditions has previously been characterized as contractual. Zumbrun v. U.C.L.A. (1972), 25 Cal. App. 3d 1, 10, 101 Cal. Rptr. 499, 502. The student pays a fee and agrees to abide by the university rules. In exchange, the university provides the student with a worthwhile education.

This relationship does not constitute a principal-agent relationship. The student is a buyer of education rather than an agent. Restatement of the Law 2d, Agency (1958) 73, Section 14 J, states that a buyer retains goods primarily for his own benefit, while an agent is one who retains goods primarily for the benefit of the one who delivers those goods. In the instant case, the “goods” to be delivered is an education and the university delivers that education to the student for a fee. It is clear that a student retains the benefit of that education for himself rather than for the university.

Our conclusion that a student is not an agent of a university is supported by Johnson v. Central Aviation Corp. (1951), 103 Cal. App. 2d 102, 229 P. 2d 114. In Johnson, defendant Bruce Gross contracted for a course of instruction in the theory and practice of airplane flight from Central Aviation Corp. The plaintiffs suffered damages when Gross, while taxiing a plane for inspection, collided with the plaintiffs’ airplane. The plaintiffs sought to hold Central Aviation Corp. liable for the negligent acts of its student, Gross, under the doctrine of respondeat superior. The court rejected the plaintiffs’ theory holding: “* * * As a student taking instruction [175]*175he [Gross] was neither the servant nor agent of the flying school while doing those things properly within his course of instruction. * * *” Id. at 111.

In summary, the relationship discussed above constitutes a contractual one between the student and his university. The university is selling and the student is buying an education, and the formation of a principal-agent relationship was not intended, nor was one established, between the parties.

The appellee, however, maintains that Kynast’s participation in lacrosse converted his status from the usual university-student relationship to that of principal-agent due to the control exercised by the lacrosse coach over Kynast, and because his participation in lacrosse resulted in beneficial publicity for Ashland. We disagree. In applying the law of agency to the facts of this case, we must conclude that Kynast was not controlled by Ashland, and that he was not playing the game for the school’s benefit.

The degree of control necessary to establish agency has not been clearly defined. See, e.g., Restatement of the Law 2d, Agency (1958) 485, Section 220. Instead, courts have generally examined various factors in determining whether the requisite amount of control exists. One such factor is whether the individual is performing in the course of the principal’s business rather than in some ancillary capacity. See Avis Rent A Car System v. United States (C.A. 2, 1974), 503 F. 2d 423, 429. In the case at bar, Kynast was not performing in the course of the principal’s business, i.e., he was not educating students. On the contrary, he was participating in one of the educationally related opportunities offered by the university. Another factor to be considered is whether the individual was receiving any compensation from the principal. See Youngblood v. Morrison Grain Co. (D. La. 1978), 467 F. Supp. 758, 761, affirmed (C.A. 5, 1979), 591 F. 2d 1207. It is undisputed that Kynast was never compensated for playing on the Ashland lacrosse team. A third factor is whether the principal supplied the tools and the place of work in the normal course of the relationship. Gradler v. Prudential Property & Cas. Ins. Co. (D. Pa. 1979), 464 F. Supp. 575, 578; Mav Freight Serv., Inc. v. United States (D.N.Y. 1978), 462 F. Supp. 503, 507. Kynast supplied his own equipment in order to play lacrosse. The university did, however, provide the playing field.5

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Bluebook (online)
494 N.E.2d 1091, 24 Ohio St. 3d 171, 24 Ohio B. 403, 1986 Ohio LEXIS 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-v-kynast-ohio-1986.