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McKinley v. Standby Screw Machine Products Co.6/20/2002
Judgment: Reversed and remanded.
. Plaintiff-appellant Keddrick Raye McKinley ("McKinley") appeals from a decision of the trial court that granted defendant-appellee Standby Screw Machine Products Company's ("Standby") motion for summary judgment on McKinley's claims. Upon review, we conclude that there are genuine issues of material fact and that Standby is not entitled to judgment on McKinley's claims. Accordingly, we reverse and remand the trial court's decision.
. A review of the record reveals the following facts: McKinley was hired as an electrical maintenance person at Standby in 1994. On his first day on the job, he was informed by his supervisor William Horvath ("Horvath") that his predecessor had been electrocuted while working on electrical circuits. At that time, McKinley told Horvath that Standby was in violation of federal law which required a lockout/tagout system to protect employees from similar injuries.
. On September 13, 1995, McKinley was performing electrical repairs on a screw machine when he was injured. Specifically, McKinley suffered electrical shock and burns to his face and arm after another employee turned the machine on while he was using contact cleaner on the wires. McKinley claims that he was injured because Standby had not instituted a lockout/tagout procedure.
. On October 20, 1995, McKinley returned to work. Upon returning, McKinley again complained to Horvath about the lack of lockout/tagout procedures. On October 24, 1995, Horvath ordered a lockout/tagout kit. McKinley claims that he also requested training for the employees but that Standby denied this request. McKinley also states that he made a complaint to OSHA.
. On December 30, 1995, McKinley was terminated from Standby. In a memo dated the same day, Horvath cited the following reasons for McKinley's termination: his lack of ability to perform work assignments; his carelessness on the job; and instances of slacking off on the job. According to Horvath, a series of events, including a fan falling out of the wall and McKinley getting shocked on a machine several times, were the reasons for McKinley's termination. McKinley claims that he was terminated for making complaints about the safety in the plant.
. On January 10, 1996, McKinley filed a complaint with OSHA concerning Standby's lack of a lockout/tagout procedure. Standby was notified of this complaint on January 26, 1996. Standby was subsequently cited for failure to have a lockout/tagout procedure. On March 2, 2000, McKinley filed this complaint against Standby alleging claims of intentional employment tort and retaliatory discharge.
. On November 9, 2000, Standby filed a motion for summary judgment asserting that McKinley was unable to meet all of the requirements for a claim of common law intentional employment tort and that a claim for retaliatory discharge under Ohio's Whistleblower Statute could not be asserted because McKinley failed to comply with OSHA regulations. Standby also asserted that McKinley was unable to meet all of the elements of common law retaliatory discharge. In response, McKinley claimed that he had met the requirements of common law intentional employment tort and common law retaliatory discharge.
. On August 1, 2001, the trial court filed an opinion and judgment entry granting Standby's motion for summary judgment. It is from this decision that McKinley now appeals and raises three assignments of error.
I.
. "THE TRIAL COURT ERRED WHEN IT IMPROPERLY DETERMINED THAT THERE WAS NO GENUINE ISSUE OF FACT CONCERNING THE SECOND PRONG OF THE FYFFE V. JENO'S, INC. TEST FOR EMPLOYER INTENTIONAL TORT
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