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Conley v. Brown Corp.8/5/1998
Conley et al.; Nationwide Insurance Companies/Nationwide Property and Casualty Insurance Company, Appellant, v. Brown Corporation of Waverly, Inc., Appellee.
Employer and employee - Liability of employer for intentional tortious conduct - Standing to file suit against employer alleging that employer committed an intentional tort leading to employee's injury , disease, or death.
1. An employer is not immune from civil liability for employee injuries, disease, or death caused by the employer's intentional tortious conduct in the workplace, since such conduct necessarily occurs outside the employment relationship. (Blankenship v. Cincinnati Milacron Chemicals, Inc. , 69 Ohio St.2d 608, 23 O.O.3d 504, 433 N.E.2d 572, and its progeny, approved and followed.)
2. A suit against an employer alleging that the employer committed an intentional tort leading to an employee's injury , disease, or death may be maintained by the employee or his or her legal representative, an assignee of the right of action against the employer, or any other person or entity with a statutory or common- law right to recover against the employer, including a third-party tortfeasor with a statutory or common-law claim for contribution or for indemnification, or the subrogee of the third-party tortfeasor's rights or claims. (Taylor v. Academy Iron & Metal Co. , 36 Ohio St.3d 149, 522 N.E.2d 464, overruled.)
Submitted April 21, 1998
The following relevant matters can be gleaned from the record and from the briefs and supplements of the parties.
In 1992, David Conley worked as a contract laborer for Brown Corporation of Waverly, Inc. ("Brown"), appellee, a business engaged in the operation of machine presses for manufacturing wholesale parts and supplies. In October 1992, Conley was severely injured while operating a machine press at his place of employment. The injuries occurred when the press suddenly and unexpectedly activated while Conley was placing steel sheets into the machine as part of his assigned job duties.
In July 1993, Conley and his wife, Donna Conley, filed a complaint in the Court of Common Pleas of Pike County against Brown and two "John Doe" defendants. This case was assigned No. 228-CIV-93 in the common pleas court. In June 1994, the Conleys filed an amended complaint in case No. 228-CIV-93, naming, as defendants, Brown, Hitachi Zosen Clearing, Inc., IDC Corporation, and Rexcon, Inc. Apparently, Hitachi was the manufacturer of the machine press, and IDC and Rexcon were manufacturers of certain control systems or devices that had been used in connection with the operation of the press. In the amended complaint, David Conley sought recovery against Brown for employer intentional tort. Additionally, he sought recovery against the remaining defendants for products liability. Donna Conley sought recovery for her loss of consortium. In the amended complaint, the Conleys alleged that the defendants were jointly and severally liable for compensatory damages.
In August 1994, the Conleys voluntarily dismissed their action against Brown without prejudice. In 1995, various cross-claims that had been filed by the defendants against Brown were voluntarily dismissed without prejudice, including a cross-claim that had been filed by Rexcon against Brown for contribution. Apparently, at some point, the Conleys also dismissed their claims against IDC and Hitachi, but the case proceeded on the Conleys' claims against Rexcon.
The Conleys eventually refiled their suit against Brown in August 1995, but did not serve Brown until December 1995. This new case was assigned No. 280-CIV-95 in the common pleas court. Brown was the only d
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