Vacha v. City of North Ridgeville

2013 Ohio 3020, 992 N.E.2d 1126, 136 Ohio St. 3d 199
CourtOhio Supreme Court
DecidedJuly 17, 2013
Docket2011-1050 and 2011-1327
StatusPublished
Cited by37 cases

This text of 2013 Ohio 3020 (Vacha v. City of North Ridgeville) 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
Vacha v. City of North Ridgeville, 2013 Ohio 3020, 992 N.E.2d 1126, 136 Ohio St. 3d 199 (Ohio 2013).

Opinions

French, J.

{¶ 1} This certified-conflict and discretionary appeal presents the following two issues: (1) whether R.C. 2744.09(B), an exception to political-subdivision immunity from tort liability, applies to employer-intentional-tort claims by a political subdivision’s employee and (2) whether appellant, the city of North Ridgeville, was entitled to summary judgment on its former employee’s employer-intentional-tort claim, based on political-subdivision immunity. Consistent with Sampson v. Cuyahoga Metro. Hous. Auth., 131 Ohio St.3d 418, 2012-Ohio-570, 966 N.E.2d 247, we hold that R.C. 2744.09(B) may apply to an employer-intentional-tort claim by a political subdivision’s employee, and we hold that North Ridgeville was not entitled to summary judgment on the intentional-tort claim brought by appellee, Lisa Vacha, here. Accordingly, we affirm the court of appeals’ judgment.

Facts and Procedural History

{¶ 2} In March 2000, North Ridgeville hired Vacha as a helper in its French Creek Wastewater Treatment Plant. As a helper, Vacha’s duties included basic plant maintenance and water testing. North Ridgeville later promoted Vacha to the position of unlicensed operator. An unlicensed operator has the same duties as a helper but is also responsible for meter readings.

{¶ 3} In 2004, North Ridgeville posted a job opening for another helper at the French Creek plant. The North Ridgeville mayor, G. David Gillock, asked Charles Ralston to apply for the helper position at the French Creek plant and asked the plant superintendent, Donald Daley, to grant Ralston an interview. Ralston, the father of two of Mayor Gillock’s grandchildren, was unemployed and in arrears with his child support. Mayor Gillock had known Ralston for about eight years and was aware that his daughter had twice called the police on [200]*200Ralston for domestic violence. The mayor did not, however, know that Ralston had a criminal record.

{¶ 4} Ralston applied for the helper position at the French Creek plant. North Ridgeville inquires about felonies on its employment application, but it does not conduct a criminal-background check before hiring an employee unless the position requires security or leadership. In his employment application, Ralston truthfully answered that he did not have a felony record. Between 1994 and 1999, however, Ralston was convicted of misdemeanor domestic violence, assault, and disorderly conduct. Daley interviewed Ralston, but did not ask whether Ralston had a criminal record. Daley was pleased with Ralston’s interview, and North Ridgeville hired him for the helper position.

{¶ 5} Ralston worked at the French Creek plant from March 2004 to June 2, 2006. During Ralston’s employment at the plant, Vacha worked as an unlicensed operator. At some point, Vacha and Ralston had a verbal altercation after Vacha complained about Ralston’s wife driving onto the plant grounds. After that altercation, however, Vacha and Ralston worked together without incident (until the event underlying this case) and occasionally socialized outside of work. Vacha occasionally drove Ralston to work. From January 2006 to June 2, 2006, Vacha and Ralston worked the 4:00 p.m. to 2:00 a.m. shift together, generally alone and unsupervised.

{¶ 6} On June 2, 2006, Vacha picked Ralston up and drove him to the plant for the night shift. During their shift, Vacha permitted Ralston to drive her truck to purchase beer. ■ After returning to the plant, Ralston raped and assaulted Vacha. Vacha fled the plant on foot and reported the rape to the police. Ralston was convicted of rape and sentenced to prison.

{¶ 7} In June 2008, Vacha filed this action against Ralston and North Ridge-ville in the Lorain County Court of Common Pleas. In her amended complaint, Vacha brought claims against Ralston for damages resulting from the assault and rape and for intentional infliction of emotional distress. Vacha alleged the following four claims for relief against North Ridgeville: (1) negligent hiring and supervising of Ralston, (2) vicarious liability for Ralston’s actions, (3) reckless hiring and supervision of Ralston, and (4) intentional, willful, and wanton disregard of the safety of others in selecting, supervising, and controlling Ralston — an employer intentional tort.

{¶ 8} North Ridgeville moved for summary judgment, claiming immunity from tort liability under R.C. Chapters 2744 and 4123. The trial court granted summary judgment in North Ridgeville’s favor on Vacha’s vicarious-liability claim, but denied the city’s motion for summary judgment on Vacha’s intentional-tort claim and her claims for negligent and reckless hiring and supervision. North Ridgeville appealed pursuant to R.C. 2744.02(C), which provides that an [201]*201order denying a political subdivision the benefit of an alleged immunity from liability is a final order.

{¶ 9} The Ninth District Court of Appeals held that Ohio workers’ compensation law, R.C. Chapter 4123, precluded recovery on Vacha’s claims for negligent and reckless hiring and supervision, and it reversed the trial court’s denial of summary judgment on those claims. On the other hand, the court of appeals affirmed the denial of North Ridgeville’s motion for summary judgment on Vacha’s employer-intentional-tort claim. The court held that because an intentional tort may arise out of the employment relationship between a political subdivision and its employee, North Ridgeville did not establish that it was entitled to immunity as a matter of law on that claim. Id. at ¶ 22-23.

{¶ 10} The court of appeals certified that its decision conflicts with Zieber v. Heffelfinger, 5th Dist. Richland No. 08CA0042, 2009-Ohio-1227, 2009 WL 695533; Williams v. McFarland Properties, L.L.C., 177 Ohio App.3d 490, 2008-Ohio-3594, 895 N.E.2d 208 (12th Dist.); Coats v. Columbus, 10th Dist. Franklin No. 06AP-681, 2007-Ohio-761, 2007 WL 549462; and Villa v. Elmore, 6th Dist. Lucas No. L-05-1058, 2005-Ohio-6649, 2005 WL 3440787. We agreed that a conflict exists and also accepted jurisdiction over North Ridgeville’s discretionary appeal regarding Vacha’s intentional-tort claim. Vacha v. N. Ridgeville, 129 Ohio St.3d 1487, 2011-Ohio-5129, 954 N.E.2d 661; 129 Ohio St.3d 1488, 2011-Ohio-5129, 954 N.E.2d 661. We consolidated the appeals and held them for Sampson, 131 Ohio St.3d 418, 2012-Ohio-570, 966 N.E.2d 247. Id. Following our decision in Sampson, we sua sponte ordered the parties to brief the certified-conflict question: “Does R.C. 2744.09 create an exception to Political Subdivision Immunity for intentional tort claims alleged by a public employee?” Vacha v. N. Ridgeville, 131 Ohio St.3d 1537, 2012-Ohio-2025, 966 N.E.2d 892.

Analysis

{¶ 11} This appeal concerns only Vacha’s employer-intentional-tort claim, in which she alleged that North Ridgeville “acted intentionally with willful, wanton disregard for the safety of others, in selecting, supervising or otherwise controlling” Ralston. To recover for an employer intentional tort, an injured employee must prove that “the employer committed the tortious act with the intent to injure another or with the belief that the injury was substantially certain to occur.” R.C. 2745.01(A). As used in that statute, “ ‘substantially certain’ means that an employer acts with deliberate intent to cause an employee to suffer an injury, a disease, a condition, or death.” R.C. 2745.01(B).

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Bluebook (online)
2013 Ohio 3020, 992 N.E.2d 1126, 136 Ohio St. 3d 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vacha-v-city-of-north-ridgeville-ohio-2013.