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Farren v. Baltimore Ravens11/12/1998
PER CURIAM
JUDGMENT REVERSED.
This cause came on to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 25, the records from the Cuyahoga County Court of Common Pleas, the briefs and the oral arguments of counsel.
Appellant appeals the trial court's decision granting summary judgment in appellee's favor. Since the record indicates the trial court erred in its conclusion, we reverse.
On August 23, 1994, appellant Paul V. Farren filed an application with the Ohio Bureau of Workers' Compensation seeking compensation for injuries he incurred on May 6, 1992. The application was denied following a formal hearing before the District Hearing Officer of the Industrial Commission. Appellant appealed that decision. Appellant's claim was eventually allowed by a Staff Hearing Officer, who determined that appellant's injuries arose during the course of and arising from his employment with appellee.
Appellee subsequently filed an appeal with the Industrial Commission; that appeal was denied. Appellee thereafter filed an appeal with the Cuyahoga County Court of Common Pleas.
Appellee filed a motion for summary judgment in the lower court on the grounds that appellant was not an employee at the time he sustained his injury. The lower court granted appellee's motion.
The relevant facts are as follows. Appellant was selected by appellee Baltimore Ravens, Inc., fka Cleveland Browns, Inc. ( the team ), in the 1983 National Football League (NFL) draft. Appellant was injured on May 6, 1992 while performing weightlifting exercises during off-season conditioning at appellee's training facility.
Appellant had previously signed contracts for each season that he played with the team. Relevant to the instant appeal, on August 28, 1990, appellant signed a contract that provides, at paragraph one:
TERM. This contract covers one football season, and will begin on the date of execution or February 1, 1991, whichever is later, and end on February 1, 1992, unless extended, terminated, or renewed as specified elsewhere in this contract.
The contract provided for an annual salary of $425,000.00.
On April 2, 1992, appellee offered appellant a contract for the 1992 NFL season at 100% of his 1991 salary if appellant signed the contract within fifteen days after April 15, 1992. Appellant did not sign within fifteen days of April 15; he testified that no players do because they want to negotiate and try to get better contracts.
Appellant eventually signed his contract for the 1992 season on August 9, 1992. The term of this contract also covered one football season, beginning on the date of execution or February 1, 1992, whichever is later, and terminating on February 1, 1993. Appellant's salary was $340,000.00.
Appellee contends that since appellant was not covered by a contract at the time of his injury, he was not an employee. In support, appellee submits the affidavit of James N. Bailey, Executive Vice President and General Counsel for appellee. Mr. Bailey stated that appellant became a free agent upon the expiration of his contract on February 1, 1992. He also stated that the team conducted formalized elective off-season conditioning in accordance with a signed standard NFL player contract, or a special agreement of hire, referred to as a Participation Agreement. It is undisputed that appellant did not sign his NFL contract until August 9, 1992. Moreover, there is no evidence to indicate appellant either was presented with or signed a Participation Agreement.
Additionally,according to Mr. Bailey, only those players who had sign
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