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Mendoza v. Bishop1/24/2005
{ } This case involves the issue of whether Delfino Mendoza was an employee or an independent contractor for purposes of insurance policies issued to Appellants, Lawrence Bishop, Darlene Bishop, and Solid Rock Ministries, International (Solid Rock). One policy is a personal liability policy issued to the Bishops by appellee, Claims Co International, Inc./Clarendon National Insurance Co. (ClaimsCo/Clarendon). The other policy is a business automobile policy that Indiana Insurance Company (Indiana) issued to Solid Rock.
{ } Lawrence and Darlene Bishop are pastors at Solid Rock and are also involved with a sole proprietorship named "Lawrence Bishop" (a/k/a "LB Ranch"). LB Ranch is a horse farm that produces and sells horses. Typically, the ranch has around 100 horses that are cared for by workers. Delfino Mendoza was one such worker , who was employed at the ranch for about six years, from 1994 to December 2000. Mendoza's job was to feed and water the horses twice daily, and to clean the stalls every day, except on weekends. Initially, Mendoza was paid $250 per week and received a rent-free apartment on the ranch. About two or three years after Mendoza started work, his wage was raised to $300 per week, without any change in duties. He continued to live rent-free in the apartment.
{ } On August 10, 2000, Mr. Bishop drove a Ford Expedition truck to an area near a barn on the ranch. The Ford Expedition was titled in Solid Rock's name, was insured by Indiana, and was provided to Mr. Bishop for his use. Mr. Bishop's intent was to hook up wagons to the truck, and take the wagons to Solid Rock for use in harvesting hay grown on the church property. Bishop then intended to bring the hay back to the ranch to feed his horses.
{ } When Bishop arrived at the wagons, Mendoza was working nearby and came to help. However, Mendoza was seriously injured while attempting to hook the wagons to the truck. Mendoza subsequently brought a personal injury action against Mr. Bishop, claiming that Bishop had negligently backed the truck into Mendoza, crushing him between the truck and a wagon. Solid Rock was also named as a defendant, based on an allegation that Mr. Bishop was Solid Rock's agent or employee. An amended complaint added Mrs. Bishop as a defendant, based on allegations that both she and Mr. Bishop negligently failed to train Mendoza on how to properly attach the wagon to another vehicle. A further claim of negligence was based on the Bishops' failure to employ safety devices or other methods or personnel to avoid the injury. Solid Rock was alleged to be responsible on a respondeat superior basis, and for negligently entrusting the Ford Expedition to Mr. Bishop.
{ } Subsequently, ClaimsCo/Clarendon and Indiana each filed a declaratory judgment action, seeking to avoid coverage on the basis that Mendoza was an employee at the time of the accident. After all three actions were consolidated, the insurers both filed summary judgment motions on the employment issue. In addition, Indiana raised the issue of whether a workers' compensation exclusion in its policy precluded coverage, since Mendoza had been awarded workers' compensation benefits.
{ } The trial court agreed with the insurers that Mendoza was an employee and that coverage did not exist under their policies at the time of the accident. However, the court refused to rule on the workers' compensation issue, finding it moot. The court also refused to rule on Mrs. Bishop's summary judgment motion on the merits of the personal injury case, as the parties had been told only to address the issue of Mendoza's employment status.
{ } Because the trial court included a Civ.R. 54(B) certification, the B
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