Clark v. Dept. of Transp.

Citations

• 2019 Ohio 3264

Syllabus

Wrongful death negligence duty contractor inherently dangerous work summary judgment Civ.R. 56 genuine issue of material fact. Plaintiff is the administrator of the estate of decedent. Decedent was an employee of a contractor contracted by the state to perform a bridge demolition project. Decedent was killed when part of the bridge collapsed during the demolition work. Plaintiff brought this negligence and wrongful death action against the state. The court granted summary judgment to the state. The court found that state did not owe a duty of care to decedent because decedent was the employee of a contractor performing inherently dangerous work and the state did not actively participate in the work. The court found that the contractor had sole control over and bore sole responsibility for the demolition plan and the means of methods and demolition. Expert reports to the contrary did not create a genuine issue of material fact because the reports contained only legal conclusions and conclusory contradictions of the state's evidence that were not supported or corroborated by any outside evidence.