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Renner v. East Manufacturing Corp.12/6/2002
. Paul L. Renner and Tina G. Renner ("appellants") appeal the October 19, 2001 judgment entry by the Portage County Court of Common Pleas, granting summary judgment to East Manufacturing Corporation ("East") and James W. Bishop ("Bishop"). East and Bishop are collectively referred to as "appellees" in some instances. Appellants also appeal the November 9, 2001 judgment entry, a nunc pro tunc judgment entry from the October 19, 2001 judgment entry, and the September 18, 2000 judgment entry, denying appellants' motion to dismiss the complaint of new party plaintiff, the Ohio Bureau of Workers' Compensation ("BWC"). For the foregoing reasons, we affirm the decisions of the lower court.
. Appellant Paul Renner was employed by East. On March 11, 1998, appellant sustained injuries when he fell from a "hook ladder" while building a flatbed trailer. Appellant used the hook ladder to climb on top of the trailer. The hook ladder was designed to hook over a tarp bar. However, that particular flatbed trailer was not equipped with a tarp bar. Appellant Paul Renner testified that he knew that such a ladder was supposed to hook over a tarp bar.
. On April 3, 2000, appellants filed their fourth amended complaint against East and Bishop, the personnel manager at East. Appellants asserted the following causes of action: employer intentional tort arising from a workplace injury; retaliatory discharge in violation of R.C. 4123.90; wrongful discharge in tort (public policy) and in breach of employment contract; East, Bishop, and other East employees conspired to violate Paul Renner's right not to be discharged in violation of R.C. 4123.90 and in contravention of public policy; East conspired with Bishop and its agents and/or employees to delay approval of Paul Renner's medical care, to retaliate against him for pursuing workers' compensation benefits, to prevent him from promptly returning to work, and to cause him to lose his employment; intentional infliction of emotional distress; and loss of consortium by appellant Tina Renner.
. On June 2, 2000, appellees sought to join the BWC as a party plaintiff and to order the BWC to assert its subrogation interest, if any, because appellants asserted, among other things, an employer intentional tort. That same day, appellees filed their respective answers to appellants' fourth amended complaint, denying the allegations and setting forth various affirmative defenses. On June 5, 2000, the trial court ordered the BWC to join as a new party plaintiff and to assert its subrogation interest, if any. Consequently, the BWC filed its complaint, contending that it had subrogation rights with respect to the amount that it already paid, as well as future benefits, on behalf of Paul Renner. The BWC claimed that it was entitled to recover any benefits that it expended on behalf of Paul Renner from East. Appellees subsequently filed their respective answers to the BWC's complaint along with their affirmative defenses.
. On July 28, 2000, appellants filed a motion to dismiss the BWC's complaint. In their motion, appellants alleged that since an employer was not a "third party" entitled to subrogation under R.C. 4123.931, the BWC's complaint failed to state a claim. Appellants also alleged that R.C. 4123.931, even if applicable, would constitute a violation of Paul Renner's constitutionally protected right to workers' compensation benefits.
. The BWC then filed a memorandum in opposition to appellants' motion to dismiss. In their memorandum, the BWC argued that an employer was included in the statutory definition of a third party when the employer commits an intentional tort and that the law regarding the BWC's subrogation interes
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