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Hunter v. BPS Guard Services1/31/1995
BOWMAN, Judge.
On January 31, 1992, plaintiff-appellant, Shawna L. Baker, was working as a cashier at Brookshire Cardinal Supermarket, Inc., d.b.a. Ken's Cardinal Food Store ("Ken's Cardinal" or "the store"), when she was severely injured by sshotgun blast during a robbery. Appellant filed this action against BPS Guard Services, Inc., d.b.a. Burns International Security Services ("Burns"), the company which had previously provided security guard service to the store; Gary Sephel, d.b.a. Certified Burglar Alarm Systems ("Certified"), the installer of the alarm system at the store; Guardian Security Systems, Inc. ("Guardian"), the alarm monitoring company; and Ken's Cardinal. Ken's Cardinal confessed judgment in the amount of $1,250,000 and a judgment in favor of appellant in the amount of $1,250,000 was entered against Ken's Cardinal. Bums, Certified and Guardian each moved for summary judgment. The trial court granted Burns's and Guardian's motions' and appellant is appealing those judgments raising the following assignments of error:
"With respect to summary judgment in favor of defendant, BPS Guard Services, Inc., dba Burns International Security Services:
"1. The trial court erred in granting summary judgment for said defendant.
"2. The trial court erred in holding as a matter of law that the obligations of said defendant to provide guard service at the store of plaintiffs employer under a written contract with the employer were extinguished and that the written contract was abandoned.
"3. The trial court erred in holding as a matter of law that the said written contract was replaced by an oral arrangement between plaintiffs employer and one Robert Thomas to provide guard service as an individual when such activity was in violation of and prohibited by Ohio Rev.Code 4749.01 et seq. and said violation was a criminal offense.
"4. The trial court erred in so holding and ignoring the undisputed evidence that said defendant authorized its agent Thomas to perform such prohibited and unlawful activity and thereby said defendant also committed a violation of law and said violation was a criminal offense.
"5. The trial court erred in so holding and ignoring the evidence of fraud in the inducement in the alleged oral arrangement between plaintiff s employer and Robert Thomas.
"6. The trial court erred in holding as a matter of law that the agreement between said defendant and plaintiff's employer purporting to relieve said defendant from liability and to require the employer to indemnify said defendant's liability was valid and enforceable against the plaintiff.
"7. The trial court erred in holding as a matter of law that no issues of liability of said defendant to plaintiff for breach of contract, negligence and interference with contract were presented for the jury."
Appellant has also raised the following assignments of error:
"With respect to summary judgment in favor of defendant, Guardian Security Systems, Inc.:
"1. The trial court erred in granting summary judgment for said defendant.
"2. The trial court erred in granting defendant's motion for summary judgment holding that the `$250' limitation of liability clause in the contract between defendant and plaintiffs employer was reasonable, valid and enforceable against plaintiff.
"3. The trial court erred in granting motion for summary judgment on the issues of breach of contract and negligence.
"4. The trial court erred in granting defendant's motion for summary judgment and dismissing plaintiffs complaint in failing to address the
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