Davis v. Consolidated Rail Corp.
442 N.E.2d 1310 · Ohio Court of Appeals · 1981
Facts
Billy Davis, a Ford employee, was injured by a falling boxcar door at Ford's Fairfax plant while loading a Conrail boxcar. Davis sued Conrail, which then filed a third-party complaint against Ford seeking indemnification based on a 'sidetrack agreement' between the companies. Ford moved for summary judgment, asserting immunity under Ohio workers' compensation law.
Issue
Did the trial court err in granting summary judgment to Ford, or does Ford's workers' compensation immunity prevent indemnification despite a general indemnification clause in the sidetrack agreement? Specifically, does a general indemnification clause constitute an express waiver of an employer's constitutional and statutory immunity from third-party claims?
Holding
The court affirmed the trial court's grant of summary judgment to Ford. It held that the general indemnification clause in the sidetrack agreement was insufficient to waive Ford's constitutional and statutory immunity from suits arising out of employment.
Rule
Under Ohio law, a complying employer is immune from liability for damages arising from an employee's injury in the course of employment, including third-party indemnification claims. This immunity can only be waived by an express waiver, and a general indemnification clause is insufficient for such a waiver.
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