Mackell v. Armco6/24/2002
JUDGMENT: Affirmed
Plaintiff-appellant Judith Mackell, the spouse of Gary R. Mackell, deceased, appeals from the June 13, 2001, Judgment Entry of the Coshocton County Court of Common Pleas granting the motion for summary judgment filed by defendants-appellees Armco, Inc., et al.
STATEMENT OF THE FACTS AND CASE
Gary Mackell (hereinafter referred to as "Mackell") was employed by appellee Armco as a line operator at its steel processing plant. Appellee Armco, which operates its plant 7 days a week , 24 hours a day, maintained a shift rotation schedule that assigned every employee a shift rotation every week. The three shifts were from 7: 00 a.m. to 3: 00 p.m., from 3: 00 p.m. to 11: 00 p.m., and from 11: 00 p.m. until 7: 00 a.m. While appellee Armco permitted employees to trade shifts, prior supervisory approval of the trade was required. During the weeks commencing on November 11, 1996, November 18, 1996, November 25, 1996, and December 2, 1996, Mackell worked from 7: 00 a.m. to 3: 00 p.m., which was the second shift. During such time, Mackell generally worked seven days a week. On December 8, 1996, Mackell worked the same shift. In addition, Mackell was also scheduled to work the third shift that evening from 11: 00 p.m. until 7: 00 a.m. According to his co-employees and wife, Mackell had problems adjusting to the sleep disturbances caused by working the third shift. For such reason, Mackell attempted to trade shifts with his usual trading co-worker. However, appellee Armco denied Mackell's written request for a shift trade because the co-worker with whom Mackell sought to trade shifts was being disciplined. After working from 7: 00 a.m. to 3: 00 p.m. on December 8, 1996. Mackell, who lived approximately one hour from appellee's plant, then went home and slept between four and five hours. At approximately 10: 47 p.m., Mackell reported for work and worked until 7: 00 a.m. While driving his customary route home on December 9, 1996, Mackell's car left the road and hit a tree head on at approximately 50 MPH., causing Mackell to sustain severe injuries to his chest , face and leg. The accident occurred approximately 15 miles from appellee Armco's plant. The Deputy Sheriff who arrived on the scene and who investigated the accident concluded that Mackell, who later died of his injuries, had fallen asleep at the wheel and had driven directly into the tree without any attempt at braking. Alcohol was ruled out as a possible cause of the accident. Subsequently, appellant, Mackell's wife, filed a claim with the Industrial Commission of Ohio for workers' compensation benefits on the basis that her husband was suffering from sleep deprivation at the time of the accident, that the sleep deprivation was a direct result of shift rotation and required overtime, and that sleep deprivation was the cause of the accident. After the claim was denied administratively at all levels, appellant, on July 17, 2000, filed a Notice of Appeal and a complaint with the Coshocton County Court of Common Pleas. Both parties subsequently filed motions for summary judgment. As memorialized in a Judgment Entry filed on June 13, 2001, the trial court granted appellee Armco's motion for summary judgment while denying that filed by appellant. The trial court, in its entry, specifically held , in relevant part, as follows: Construing the evidence most favorably to the plaintiff, that evidence will still fail to establish in reasonable minds a causal relationship between any alleged "sleep deprivation" and the traffic accident which took Mr. Mackell's life. Even ignoring the issue of whether the plaintiff has sufficient competent testimony to support her theory that Mr. Mackell was sleep deprived, the claimant has offer
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