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Stickovich v. City of Cleveland8/2/2001
der Section II.1.c. Section II of the policy was amended, however, by endorsement to include additional insureds.
The ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) endorsement used in this case provides as follows:
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, butonly with respect to liability arising out of `your work' for that insured by or for you. (Emphasis added.)
The City of Cleveland, among others, was listed as an additional insured in the SCHEDULE under the Name of Person or Organization as follows:
The City of Cleveland - Re: replacement and reconstruction of Washington Ave Division of Purchases and Supplies Bridge for Dept. Of Public Service Room 128 - City Hall Cleveland, Ohio 44144
The accompanying SCHEDULE specifically lists Ohio as a covered State.
A central issue is whether the claims against Cleveland arose out of ICC's work on the Project.
On August 29, 1991, the parties discussed relocating the utilities surrounding the existing bridge and decided to suspend the CPP electric power lines from utility poles on the north side of the bridge where other utilities were located. John Shkil, ICC's project manager, declined CPP's offer to move the power lines to the south side of the bridge. CPP did not respond to ICC's offer to dig a trench for the lines on the north side of the bridge. From approximately October 11 through November 8, 1991, CPP moved the power lines from below the bridge to utility poles on the north side of the bridge.
ICC thereafter demolished the existing bridge without incident and rented an uninsulated forty-ton Grove crane from Construction Supplies, Inc. ( Construction Supplies ). To operate the crane, James Kerr, ICC's general supervisor, who was working on his first bridge construction project, hired Richard Bowman. Bowman, however, was not licensed to operate the crane selected by ICC. On December 2, 1991, the crane arrived on the site, and ICC placed it at the south end of the bridge. Work reconstructing the south bridge abutment was completed without incident. On December 17, 1991, after approximately two weeks on site, ICC moved the crane to the north side of the bridge when no one from Cleveland was present. At no time did ICC request Cleveland take any action concerning CPP's electrical wires after it moved the crane.
Richard Klein was ICC's job superintendent in charge of safety on the worksite. Although Klein knew applicable safety regulations required the crane to be at least ten feet from the power lines, on December 30, 1991 he directed the boom of the crane to be placed within approximately two to three feet of CPP's power lines. Having returned from lunch after drinking alcohol, Bowman, the unlicensed crane operator, operated the crane in this location. There is no evidence that Cleveland had knowledge of this dangerous situation, let alone participated in it.
Plaintiffs Michael Stickovich and David Straight, carpenters assigned by ICC to work on the Project, were guiding a steel form into place to prepare for pouring concrete on the north bridge abutment when the crane came into contact with the power line. Both of them received bodily injuries and recovered workers' compensation payments after asserting the injuries arose out of and in the course of their employment by ICC on the Project.
Stickovich also filed an application with the Ohio Industrial Commission for an additional award against ICC for violation of specific safety requirements on the Project ( VSSR claim ). To recover such a VSSR award, an injured worker must show that h
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