Hornyak v. Res. Alloys, L.L.C.

Summary

The Eighth District Court of Appeals of Ohio reversed a summary judgment entered for Reserve Alloys and related defendants in a personal injury action arising from a temporary worker’s burn injuries at an aluminum recycling facility. The court held that genuine issues of material fact existed regarding which corporate entity contracted with the staffing agency and paid the workers’ compensation premiums, affecting the defendants’ immunity under Ohio’s Workers’ Compensation Act. The case was remanded for further proceedings.

Holdings

1. Summary judgment was improper because genuine issues of material fact existed concerning whether Reserve Alloys was the customer-employer that contracted with Alliance and paid the workers' compensation premiums for Darrell.
2. The individual defendants were not entitled to summary judgment because their immunity theory also depended on a finding that Darrell was a borrowed employee of Reserve Alloys, and that factual issue remained unresolved.
3. The appellate court reviews summary judgment de novo and construes the evidence most strongly in favor of the nonmoving party.

Questions Presented

1. Whether summary judgment was proper on the ground that Darrell Hornyak was a borrowed employee of Reserve Alloys and that the defendants therefore enjoyed workers' compensation immunity.
2. Whether the evidence created a genuine issue of material fact concerning which corporate entity contracted with Alliance Staffing Solutions and paid the workers' compensation premiums necessary to establish immunity under Ohio law.
3. Whether the individual defendants were entitled to summary judgment based on the same borrowed-employee and workers' compensation immunity theory.

Disposition

reversed_and_remanded