Helfinstine v. Plasticolors

913 N.E.2d 470, 182 Ohio App. 3d 430
CourtOhio Court of Appeals
DecidedMay 22, 2009
DocketNo. 2008-A-0065
StatusPublished

This text of 913 N.E.2d 470 (Helfinstine v. Plasticolors) 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
Helfinstine v. Plasticolors, 913 N.E.2d 470, 182 Ohio App. 3d 430 (Ohio Ct. App. 2009).

Opinions

Timothy P. Cannon, Judge.

{¶ 1} Appellants, Steve C. and Karen Helfinstine, appeal from the decision of the Ashtabula County Court of Common Pleas granting summary judgment to appellee, Plasticolors.1 For the following reasons, we affirm the judgment of the trial court.

{¶ 2} Appellant Steve Helfinstine commenced his employment as a part-time employee of appellee Plasticolors in 1996. Helfinstine began working full time at Plasticolors in 1997. Plasticolors is in the business of producing different color pigments for use by other manufacturers and businesses.

{¶ 3} Upon joining Plasticolors, Helfinstine participated in a two-day orientation program, which included instruction on hazardous-material identification and Plasticolors’s safety rules and policies.

{¶ 4} Through ongoing training, Helfinstine eventually achieved the position of Class B1 Production Operator, qualified to work in the following production areas: packaging, potwash, the mix room, and the blend area.

{¶ 5} In March 2003, Plasticolors produced a liquid inhibitor, IN-90315, comprised of P-Bezoquinine, Styrene, and M. Pyrol. IN-90315 was produced in small quantities over a limited period of time; in fact, between September 2002 and January 2005, only 29 batches were produced. IN-90315 was formulated in a 600-gallon pot and then transferred into a 55-gallon drum for shipment.

{¶ 6} On March 31, 2003, Helfinstine had been assigned to operate a machine that filled small bags with 155 grams of colorant that was shipped to a customer, Sika. In performing the Sika operation, Helfinstine was not required to wear any [434]*434special clothing, with the exception of work shoes. On that date, Helfinstine was wearing steel-toed shoes, which were similar to a tennis shoe, made of nylon, low cut, and tied on the top. Helfinstine wore cotton socks.

{¶ 7} During his shift, Helfinstine’s manager, Marlin Haas, requested that Helfinstine leave the Sika operation and begin packaging IN-90315. Helfinstine complied.

{¶ 8} As part of the packaging process, Plasticolors provided a packaging sheet for each product containing detailed information as to how the production operator was to proceed. The packaging sheet for IN-90315 indicated that personal protective equipment was to be worn from the head to the ankles. Furthermore, the packaging sheet indicated that IN-90315 was toxic.

{¶ 9} Helfinstine put on a Tyvek pair of coveralls, which extended from his neck to his ankles, two sets of gloves, and a respirator hood. As per the packaging sheet, Helfinstine’s gloves were taped to his arms, and the ends of his Tyvek suit were taped to his ankles. The Tyvek suit did not cover an area approximately three to four inches above the top of Helfinstine’s work shoes.

{¶ 10} Helfinstine was required to fill up four 55-gallon drums with IN-90315, utilizing the gravity-flow method. While Helfinstine had used the gravity-flow method before, he had never used it with IN-90315. Nevertheless, he was instructed to perform the task.

{¶ 11} The gravity-flow packaging consisted of hooking a pot filled with 50 to 600 gallons of the inhibitor to a hoist crane and positioning it over the drum that was to be filled. The pot had a valve at the bottom. The worker would then pour the contents of the pot through the filter and funnel into a drum, which was sitting on a scale. Once the weight of the drum reached 500 pounds, Helfinstine would cease pouring the liquid. This process included the use of a 64-ounce sol-u-pak tub, which collected any excess product. Once the sol-u-pak tub was filled, the contents were discarded.

{¶ 12} Upon filling the third drum, Helfinstine inadvertently kicked the sol-upak tub, which was half to three-quarters full, spilling IN-90315 onto the floor. With the help of another employee, Helfinstine cleaned the spill and completed filling the drums.

{¶ 13} On break, Helfinstine noticed that his sock had turned brown from the liquid spill. He removed his socks, threw them away, and cleaned his work shoes. Since all of the drums were filled, Helfinstine returned to the Sika job after break. Upon completion of his shift, Helfinstine showered and washed both feet. He did not fill out an incident report that day.

[435]*435{¶ 14} The next morning, Helfinstine observed that his foot was red in the toe and ankle areas; however, he returned to work. Helfinstine then told his superiors about the incident.

{¶ 15} When he returned, his work shoe was still damp from the sol-u-pak incident. However, he continued to work wearing the work shoe until April 11, 2003, at which time he discarded them. By then, the condition of his foot had worsened; the redness had travelled up his left foot, and was blistering. Helfinstine’s right foot was also red in color.

{¶ 16} On April 11, 2003, Helfinstine spoke with Plasticolors’s quality manager regarding the events of March 31 and, consequently, filled out an incident report. Haas also prepared an incident report.

{¶ 17} Upon observing Helfinstine’s foot, the quality manager instructed him to seek medical care. Two days later, on April 13, 2003, Helfinstine went to the emergency room and sought medical treatment for his foot, as the blistering and redness were travelling farther up his leg. On April 14, 2003, Helfinstine went to the medical provider for Plasticolors, who instructed him to stay off work for two weeks.

{¶ 18} Helfinstine continued to work at Plasticolors until September 2003. He successfully established a workers’ compensation claim, which was permitted for “contact dermatitis.”

{¶ 19} On February 25, 2005, Helfinstine filed suit claiming employer intentional tort, alleging that Plasticolors required him to package IN-90315 without proper equipment, protective wear, technical information, or training. Additionally, he claimed that his exposure to IN-90315 resulted in renal failure, heart attack, significant joint pain, connective tissue disease, neurological deficits, neuropsychological condition, nausea, diarrhea, and high blood pressure.

{¶ 20} After the parties engaged in extensive discovery, including the depositions of the parties, Plasticolors filed a motion for summary judgment, which was opposed by Helfinstine. In a judgment entry dated September 12, 2008, the trial court concluded that Plasticolors was entitled to judgment as a matter of law with respect to the workplace intentional-tort claim.

{¶ 21} It is from this judgment that Helfinstine filed a timely notice of appeal and asserts the following assignment of error:

{¶ 22} “The trial judge erred, as a matter of law, by granting summary judgment in favor of defendant-appellee notwithstanding the existence of genuine issues of material fact upon plaintiff-appellants’ workplace intentional tort claim.”

{¶ 23} In order for a motion for summary judgment to be granted, the moving party must prove the following:

[436]*436{¶ 24} “(1) [N]o genuine issue as to any material fact remains to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the nonmoving party, that conclusion is adverse to the party against whom the motion for summary judgment is made.” (Citation omitted.) Mootispaw v. Eckstein

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Bluebook (online)
913 N.E.2d 470, 182 Ohio App. 3d 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helfinstine-v-plasticolors-ohioctapp-2009.