Moore v. Baron Drawn Steel Corp.

1998 Ohio 719, 770 N.E.2d 117, 118 Ohio Misc. 2d 112
CourtLucas County Court of Common Pleas
DecidedJune 4, 1998
DocketNo. CI95-0589
StatusPublished

This text of 1998 Ohio 719 (Moore v. Baron Drawn Steel Corp.) is published on Counsel Stack Legal Research, covering Lucas County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Baron Drawn Steel Corp., 1998 Ohio 719, 770 N.E.2d 117, 118 Ohio Misc. 2d 112 (Ohio Super. Ct. 1998).

Opinion

Chaeles J. Doneghy, Judge.

{¶ 1} This industrial accident case is before the court on the motion for summary judgment filed by defendant Baron Drawn Steel Corporation (“Baron”). Upon review of the pleadings, evidence, memoranda of the parties, and applicable law, the court finds that it should grant the motion.

I. FACTS

{¶ 2} On or about October 29, 1994, the plaintiff Barbara Lou Moore’s deceased husband, Larry Moore, sustained fatal injuries when he fell into a vat of 190° Fahrenheit steel-treating solution while attempting to rescue Baron’s plant general foreman, John West. West had fallen into the same vat. At the time of his accident, Moore was working on Baron’s “clean and coat” line.1 The line consisted of eleven tanks (13'' long x 6 1/2' wide x 7 1/2' deep) filled with various liquids in which coils of steel were dipped by an overhead crane to prepare them for further processing. In between each set of adjacent tanks, and running the full 13' length of the tanks, were 2' wide steel drip trays. These drip trays were often made slippery by moisture from the tanks; however, management and hourly workers regularly used these drip trays as walkways while in the normal course of their duties. West fell into one of the dip tanks when he misstepped as he traversed a drip tray on his way to the back of one of the tanks.2 At thé time of West’s fall, Moore was preparing that same tank for draining; he was standing [117]*117on a catwalk that was several feet below the front of the clean and coat line of tanks. Moore did not observe West fall into the dip tank. After he fell, West yelled, “Help get me out.” In response, Moore leapt onto the drip tray from which West had fallen. This was the first and only time that Moore ventured onto a drip tray at Baron.3 When Moore reached out to West, West pulled Moore into the scalding tank. Other workers pulled West from the tank several minutes after he fell in. Then, after an unexpected delay, the operator of Baron’s overhead crane lowered the crane’s arm (“crane spreader”) and Moore climbed onto it. Moore climbed off the crane spreader after the crane operator raised it and moved it over the drip tray. Moore walked off the drip tray under his own power. Moore and West died the next day as a result of their injuries. These two falls were the first such incidents involving the clean and coat tanks in the roughly seven years that Baron had been using the tanks.

{¶ 3} The plaintiff filed this action against Baron, asserting a workplace intentional tort claim. The plaintiff also has sued defendant Keramchemie, the company that designed the clean and coat line, and Laidlaw, an independent contractor whom Baron used to dispose of the clean and coat liquids. Baron has moved for summary judgment on the claim against it.

II. SUMMARY JUDGMENT STANDARD

{¶4} The general rules governing motions for summary judgment filed pursuant to Civ.R. 56 are well established. In Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 66, 8 O.O.3d 73, 375 N.E.2d 46, the Supreme Court of Ohio stated the requirements that must be met before a Civ.R. 56 motion for summary judgment can be granted:

{¶ 5} “The appositeness of rendering a summary judgment hinges upon the tripartite demonstration: (1) that there is no genuine issue as to any material fact; (2) that the moving party is entitled to judgment as a matter of law; and (3) that reasonable minds can come to but one conclusion, and that conclusion is adverse to the party against whom the motion for summary judgment is made, who is entitled to have the evidence construed most strongly in his favor.
{¶ 6} “The burden of showing that no genuine issue exists as to any material fact falls upon the moving party in requesting a summary judgment.”

{¶ 7} A party who claims to be entitled to summary judgment on the grounds that a nonmovant cannot prove its case bears the initial burden of (1) specifically [118]*118identifying the basis of its motion and (2) identifying those portions of the record that demonstrate the absence of a genuine issue of material fact regarding an essential element of the nonmovant’s case. Dresher v. Burt (1996), 75 Ohio St.3d 280, 293, 662 N.E.2d 264; see, also, Dresher, 75 Ohio St.3d at 299, 662 N.E.2d 264 (Pfeifer, J., concurring in judgment only). The movant satisfies this burden by calling attention to some competent summary judgment evidence, of the type listed in Civ.R. 56(C), affirmatively demonstrating that the nonmovant has no evidence to support his or her claims. Id. at 293, 299, 662 N.E.2d 264. Once the movant has satisfied this initial burden, the burden shifts to the nonmovant to set forth specific facts, in the manner prescribed by Civ.R. 56(E), indicating that a genuine issue of material fact exists for trial. Id. at 293, 662 N.E.2d 264. Accord Vahila v. Hall (1997), 77 Ohio St.3d 421, 429-430, 674 N.E.2d 1164; Mitseff v. Wheeler (1988), 38 Ohio St.3d 112, 114-115, 526 N.E.2d 798.

III. DISCUSSION

A. STANDARD FOR WORKPLACE INTENTIONAL TORT LIABILITY

{¶ 8} Actions against employers for injuries sustained by employees in the course of employment generally must be brought under the Ohio Workers’ Compensation Act. Richie v. Rogers Cartage Co. (1993), 89 Ohio App.3d 638, 643, 626 N.E.2d 1012. “An employee, however, may recover at common law for injuries sustained as a result of the intentional conduct of his [or her] employer.” Id., citing Kunkler v. Goodyear Tire & Rubber Co. (1988), 36 Ohio St.3d 135, 522 N.E.2d 477; Van Fossen v. Babcock & Wilcox Co. (1988), 36 Ohio St.3d 100, 522 N.E.2d 489; Blankenship v. Cincinnati Milacron Chem., Inc. (1982), 69 Ohio St.2d 608, 23 O.O.3d 504, 433 N.E.2d 572. The Supreme Court of Ohio has defined “intentional tort” as either “an act committed with the intent to injure another,” or, as is applicable in this case, an act committed “with the belief that such injury is substantially certain to occur.” Jones v. VIP Dev. Co. (1984), 15 Ohio St.3d 90, 15 OBR 246, 472 N.E.2d 1046, paragraph one of the syllabus.

{¶ 9} In Fyffe v. Jeno’s, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108, the Supreme Court of Ohio set forth a three-prong test to determine “intent” in the workplace. In pertinent part the court stated as follows:

{¶ 10} “[I]n order to establish ‘intent’ for the purpose of proving the existence of an intentional tort committed by an employer against his employee, the following must be demonstrated: (1) knowledge

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1998 Ohio 719, 770 N.E.2d 117, 118 Ohio Misc. 2d 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-baron-drawn-steel-corp-ohctcompllucas-1998.