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Altvater v. Claycraft Co.3/12/1991
STRAUSBAUGH, Judge.
This is an appeal from an order of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant, Claycraft Company, and dismissing a wrongful death action and survivorship action brought by plaintiff, Viola Altvater, administratrix of the estate of Robert K. Altvater.
On August 10, 1984, plaintiff filed a complaint alleging that the intentional conduct of defendant, in exposing plaintiff's husband, Robert K. Altvater, to silica and other respirable dusts, proximately caused his death. On June 30, 1989, defendant filed a motion for summary judgment, asserting that: (1) plaintiff's claim is barred by the doctrine of res judicata; and (2) defendant's actions did not constitute an intentional tort.
Defendant's contention that plaintiff's claim was barred by res judicata was based upon a finding by the Industrial Commission of Ohio ("commission") regarding a workers' compensation claim initiated by plaintiff. The record indicates that in March 1984 plaintiff, prior to filing her complaint before the trial court, filed for death benefits under Ohio's workers' compensation laws. Plaintiff's claim for death benefits before the commission alleged that the death of Robert Altvater was caused by silicosis resulting from his employment with defendant. The commission denied plaintiff's claim based upon a determination that although Robert Altvater had contracted silicosis, his death was primarily caused by chronic obstructive pulmonary disease ("COPD"), a condition found not to be related to his occupation.
By entry dated August 2, 1989, the trial court granted summary judgment for defendant. The judgment of the trial court states in relevant part:
"* * * Plaintiff, as the Administratrix of Robert K. Altvater's estate, has brought the instant action claiming that Defendant Claycraft intentionally and tortiously caused the death of her husband. The basis for that claim is the contention that the environment while working at Claycraft created silicosis which in turn caused Mr. Altvater's death.
"Claycraft relies upon the Industrial Commission's finding as a basis for asserting res judicata/collateral estoppel as to the cause of death of Mr.Altvater. In support of this contention, Defendant Claycraft cites the case of Smertka v. Hogen Ind., Inc., No. 11-265, 11th District Court App. Sept. 26s1986 (unreported). While this case is not binding upon the Court, the rationale expressed is persuasive.
"The Court is aware that the question of intent was not before the Commission. Whether there were intentional actions as defined by the cases dealing with occupational intentional torts is not dispositive of this action. The question of proximate cause was clearly a part of the Commission's Decision and the opportunity to litigate that issue was exercised. There is no reliable evidence to indicate that the Commission's Decision was modified by any settlement. The undisputed evidence presented establishes that the order of the Commission stills stands affirmed.
"The rationale for the application of res judicata and the companion doctrine of issue preclusion through collateral estoppel is to establish a legal tool to eliminate redundancy and inconsistency. The doctrines are also the basis for bringing contested legal issues to a final conclusion. The Industrial Commission specifically found that Mr. Altvater's death was caused by chronic pulmonary disease not related to silicosis.
"Plaintiff's Memorandum Contra identifies factors indicating the inability to show that Defendant intentionally subjected Mr. Altvater to hazardous conditions, thus cau
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