Richards v. C. Schmidt Co.

561 N.E.2d 569, 54 Ohio App. 3d 123, 1989 Ohio App. LEXIS 3581
CourtOhio Court of Appeals
DecidedSeptember 20, 1989
DocketC-880509
StatusPublished
Cited by6 cases

This text of 561 N.E.2d 569 (Richards v. C. Schmidt Co.) 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
Richards v. C. Schmidt Co., 561 N.E.2d 569, 54 Ohio App. 3d 123, 1989 Ohio App. LEXIS 3581 (Ohio Ct. App. 1989).

Opinion

Per Curiam.

Plaintiffs-appellants, Dennis and Etta Richards, filed a complaint against several defendants for injuries resulting from Dennis’s exposure to hazardous chemicals in the course of his employment. Some defendants were voluntarily dismissed from the case. The remaining defendants, C. Schmidt Company, Olin Corporation and Ashland Chemical Company, filed motions for summary judgment. The trial court granted the motions for summary judgment, and the plaintiffs appealed.

Dennis was employed by C. Schmidt Company (“Schmidt”) for approximately twenty years. Schmidt manufactures foam-insulated refrigeration boxes. For the first three years of his employment, Dennis operated a Jennings foam machine. Later he used an Olin Autofroth foam machine. The chemicals used in this machine were supplied by Olin Corporation (“Olin”). The chemicals used ■ to rinse this machine were supplied by Ashland Chemical Company (“Ashland”). Dennis also used the chemicals supplied by Ashland to clean himself after work. Dennis alleges injuries due to his exposure to these chemicals.

On appeal, the plaintiffs question the trial court’s granting of the defendants’ motions for summary judgment. We find that the trial court properly *124 granted summary judgment in favor of Olin and Ashland, but that the trial court erred in granting Schmidt’s motion for summary judgment.

In their first assignment of error, the plaintiffs contend that the trial court improperly granted Olin’s motion for summary judgment. We find no error.

The plaintiffs allege that the chemicals supplied by Olin did not include adequate warnings and instructions for use in the Olin Autofroth machine operated by Dennis in his employment. However, the label on the containers holding the chemicals included the following language: “WARNING: Do not breathe vapors” and “Hazardous liquid and vapor.” Dennis stated that he read the labels and understood that there existed “some level of danger” in working with these chemicals. In addition, the operator’s manual for the Autofroth machine provided to Dennis included a section on safety in operating the equipment containing the following instruction: “Wear an approved respirator or air-fed mask when foaming is carried out in enclosed or close quarters.” Despite his belief that the fumes from the chemicals were endangering his health, the warning from the labels not to breathe the vapors, and the instructions in the manual, Dennis failed to wear a respirator while operating the Auto-froth machine.

The Supreme Court of Ohio has stated that “the rule imposing obligation on the manufacturer or seller to give suitable warning of a dangerous propensity of a product is a rule fixing a standard of care, and any tort resulting from the failure to meet this duty is, in essence, a negligent act.” Temple v. Wean United, Inc. (1977), 50 Ohio St. 2d 317, 325, 4 O.O. 3d 466, 470-471, 364 N.E. 2d 267, 372-373. A plaintiff asserting a claim based on failure to provide adequate warnings must present evidence that the warning provided is inadequate. Seley v. G. D. Searle & Co. (1981), 67 Ohio St. 2d 192, 21 O.O. 3d 121, 423 N.E. 2d 831.

In the instant case, Olin provided warnings on the containers of the chemicals regarding the danger of breathing the vapors, and instructions in the operator’s manual regarding the use of a mask or respirator. Dennis testified that he read the warnings and that he understood the warnings to mean that it was dangerous to breathe vapors from the chemicals. The plaintiff’s own testimony fails to indicate that the warnings provided by Olin were inadequate. No evidence exists in the record to place in issue the adequacy of the warnings provided by Olin with respect to the chemicals used by Dennis.

Civ. R. 56(C) provides that summary judgment shall be rendered if there is no genuine issue as to any material fact; if the moving party is entitled to judgment as a matter of law; and if it appears from the evidence 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, such party being entitled to have the evidence construed most strongly in his favor. Knitz v. Minster Machine Co. (1982), 69 Ohio St. 2d 460, 23 O.O. 3d 403, 432 N.E. 2d 814, certiorari denied (1982), 459 U.S. 857. The plaintiffs have failed to present any evidence to indicate that the warnings provided by Olin were inadequate. Since Dennis read and understood the warnings, there is no genuine issue of fact remaining to be litigated, Olin is entitled to judgment as a matter of law, and no reasonable mind could reach a different conclusion.

The trial court, therefore, properly granted Olin’s motion for summary *125 judgment. The plaintiffs’ first assignment of error is without merit.

In their second assignment of error, the plaintiffs contend that the trial court improperly granted Ashland’s motion for summary judgment. We disagree.

Dennis used methylene chloride, supplied by Ashland, to rinse the Autofroth machine. He also used this chemical to clean himself after work. The plaintiffs allege injuries due to Dennis’s use of the chemicals to wash himself. They argue that Ashland should be held liable for their damages because Ashland failed to provide adequate warnings with their chemicals.

The original label on the drums containing the chemicals supplied by Ashland included, in bold print, the following language: “WARNING HARMFUL IF INHALED.” The label further provided the following: “Use only with adequate ventilation”; “Avoid prolonged or repeated breathing of vapors”; “Avoid prolonged or repeated contact with skin”; and “Do not transfer to an unmarked container.” In March 1979, a new label was placed on the drums stating, in bold print, “WARNING! VAPOR HARMFUL.” The label also provided the following: “Do not breathe vapor”; “Use only with adequate ventilation”; “Avoid contact with eyes, skin and clothing”; “Wash thoroughly after handling.” The label then advised the user to wear chemical safety glasses, gloves and other necessary protective equipment.

Dennis admitted that he read the warnings on the labels and that he understood them. However, he ignored the warnings and washed his hands and his face with the chemicals. Dennis testified that the chemicals burned his skin, but that he washed them with them because his coworkers did.

The record contains no evidence that the warnings provided by Ashland were inadequate. See Seley, supra. Instead, Dennis stated that he read and understood the warnings, but that he ignored them. Dennis improperly used the chemicals to clean himself after work even though he read the warnings cautioning against repeated contact with skin. That improper use, contrary to clear warnings, removed the existence of any genuine issue of material fact relative to the alleged failure to warn. See Calvert Fire Ins. Co. v. Fyr-Fyter Sales & Service (1979), 67 Ohio App. 2d 11, 21 O.O. 3d 332, 425 N.E. 2d 910.

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Cite This Page — Counsel Stack

Bluebook (online)
561 N.E.2d 569, 54 Ohio App. 3d 123, 1989 Ohio App. LEXIS 3581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richards-v-c-schmidt-co-ohioctapp-1989.