Klamert v. City of Cleveland

927 N.E.2d 618, 186 Ohio App. 3d 268
CourtOhio Court of Appeals
DecidedFebruary 11, 2010
DocketNo. 93541
StatusPublished
Cited by6 cases

This text of 927 N.E.2d 618 (Klamert v. City of Cleveland) 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
Klamert v. City of Cleveland, 927 N.E.2d 618, 186 Ohio App. 3d 268 (Ohio Ct. App. 2010).

Opinion

Frank D. Celebrezze Jr., Judge.

{¶ 1} This appeal stems from a motor-vehicle accident that occurred on April 8, 2008, and the decision of the Ohio Bureau of Workers’ Compensation (“BWC”) to deny plaintiff-appellant, Thomas Klamert, payments from the Workers’ Compensation Fund. Appellant brought suit against defendant-appellees, the city of Cleveland and the BWC, claiming that he was entitled to workers’ compensation benefits. After a thorough review of the record and for the following reasons, we reverse the decision of the trial court and remand for further proceedings.

{¶ 2} On April 8, 2008, Thomas Klamert, a detective with the city of Cleveland Police Department’s narcotics unit, was riding his personal motorcycle to downtown Cleveland because he had been served with a subpoena to testify before a grand jury upon matters connected with his employment. At approximately 1:30 p.m., Klamert was at the intersection of Ontario and Carnegie when a motorist [271]*271made an illegal left turn, striking Klamert and badly injuring his right leg. He was unable to return to duty for five months.

{¶ 3} Klamert submitted a claim for workers’ compensation benefits, and the city and the BWC denied that Klamert was entitled to benefits. Klamert filed suit on September 5, 2008, claiming that he was performing required job duties when he was injured. On March 9, 2009, the BWC moved for summary judgment, arguing that Klamert was acting outside the course and scope of his job duties as a detective. While the city did not initially join in this motion for summary judgment, on April 27, 2009, the city filed a motion for a four-day extension of time to file a reply brief and also stated that it was joining in the BWC’s motion for summary judgment. On April 28, 2009, this motion was granted by the trial court.

{¶ 4} On May 27, 2009, the trial court granted the BWC’s motion for summary judgment as to the BWC and the city, and this appeal followed.

I. Summary Judgment in Favor of the BWC

{¶ 5} In his first assignment of error, Klamert argues that the trial court erred in granting summary judgment in favor of the BWC.

{¶ 6} “Civ.R. 56(C) specifically provides that before summary judgment may be granted, it must be determined that: (1) No 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 party against whom the motion for summary judgment is made, that conclusion is adverse to that party.” Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 327, 4 O.O.3d 466, 364 N.E.2d 267.

{¶ 7} It is well established that the party seeking summary judgment bears the burden of demonstrating that no issues of material fact exist for trial. Celotex Corp. v. Catrett (1986), 477 U.S. 317, 330, 106 S.Ct. 2548, 91 L.Ed.2d 265; Mitseff v. Wheeler (1988), 38 Ohio St.3d 112, 115, 526 N.E.2d 798. In Dresher v. Burt (1996), 75 Ohio St.3d 280, 662 N.E.2d 264, the Ohio Supreme Court modified and/or clarified the summary-judgment standard as applied in Wing v. Anchor Media, Ltd. of Texas (1991), 59 Ohio St.3d 108, 570 N.E.2d 1095. Under Dresher, “the moving party bears the initial responsibility of informing the trial court of the basis for the motion, and identifying those portions of the record which demonstrate the absence of a genuine issue of fact on a material element of the nonmoving party’s claim.” (Emphasis sic.) Dresher at 296, 662 N.E.2d 264. The nonmoving party has a reciprocal burden of specificity and cannot rest on mere allegations or denials in the pleadings. Id. at 293, 662 N.E.2d 264. The [272]*272nonmoving party must set forth “specific facts” by the means listed in Civ.R. 56(C) showing that a genuine issue for trial exists. Id.

{¶ 8} This court reviews the lower court’s granting of summary judgment de novo. Brown v. Scioto Cty. Commrs. (1993), 87 Ohio App.3d 704, 622 N.E.2d 1153. An appellate court reviewing the grant of summary judgment must follow the standards set forth in Civ.R. 56(C). “The reviewing court evaluates the record * * * in a light most favorable to the nonmoving party. * * * [T]he motion must be overruled if reasonable minds could find for the party opposing the motion.” Saunders v. McFaul (1990), 71 Ohio App.3d 46, 50, 593 N.E.2d 24.

{¶ 9} Generally, to be entitled to receive Workers’ Compensation Fund payments, one must sustain an injury “received in the course of, and arising out of, the injured employee’s employment.” R.C. 4123.01(C). “ ‘In the course of refers to the time, place, and circumstances of the injury, and limits compensation to injuries received while the employee was engaged in a duty required by the employer. Fisher v. Mayfield (1990), 49 Ohio St.3d 275, 551 N.E.2d 1271. ‘Arising out of requires a causal connection between the injury and the employment. Id.” Bowden v. Cleveland Hts.-Univ. Hts. Schools, Cuyahoga App. No. 89414, 2007-Ohio-6804, 2007 WL 4440888, at ¶ 11. Both prongs must be satisfied in order to receive benefits. Fisher at 277, 551 N.E.2d 1271.

A. The Coming-and-Going Rule

{¶ 10} In its motion for summary judgment, the BWC advanced the coming-and-going rule as the primary reason Klamert was not entitled to Workers’ Compensation Fund payments. This rale “is a tool used to determine whether an injury suffered by an employee in a traffic accident occurs ‘in the course of and ‘arise[s] out of the employment relationship so as to constitute a compensable injury under R.C. 4123.01(C).” Ruckman v. Cubby Drilling, Inc. (1998), 81 Ohio St.3d 117, 119, 689 N.E.2d 917. “As a general rule, an employee with a fixed place of employment, who is injured while traveling to or from his place of employment, is not entitled to participate in the Workers’ Compensation Fund because the requisite causal connection between the injury and the employment does not exist.” MTD Prods., Inc. v. Robatin (1991), 61 Ohio St.3d 66, 68, 572 N.E.2d 661, citing Bralley v. Daugherty (1980), 61 Ohio St.2d 302, 15 O.O.3d 359, 401 N.E.2d 448.

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Bluebook (online)
927 N.E.2d 618, 186 Ohio App. 3d 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klamert-v-city-of-cleveland-ohioctapp-2010.