Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stolz v. J & B Steel Erectors, Inc.

United States District Court, S.D. Ohio, Western Division

August 22, 2017

DANIEL STOLZ, Plaintiff,
v.
J & B STEEL ERECTORS, INC., et al., Defendants.

          CERTIFICATION ORDER

          TIMOTHY S. BLACK UNITED STATES DISTRICT JUDGE

         Pursuant to Supreme Court of Ohio Rules of Practice 9.01 through 9.04, the Court hereby issues this Certification Order, to be served upon all parties or their counsel of record and filed with the Clerk of the Supreme Court of Ohio, under seal of the United States District Court for the Southern District of Ohio.

         A. Case Name

         Daniel Stolz v. J & B Steel Erectors, Inc.,, United States District Court, Southern District of Ohio, Case No. 1:14-cv-44

         B. Statement of Facts

         1. Nature of the Case

         Plaintiff alleges he was injured while working as a concrete finisher for Jostin Construction, Inc. (“Jostin”) at the Horseshoe Casino construction project in Cincinnati (“Casino Project”). Plaintiff brings this civil action against Defendants J & B Steel Erectors, Inc. (“J & B Steel”), Messer Construction Co. (“Messer”), Terracon Consultants, Inc. (“Terracon”), Pendleton Construction Group, LLC (“Pendleton”), D.A.G. Construction Co., Inc. (“D.A.G.”), and Triversity Construction Co., LLC (“Triversity”), each of whom Plaintiff alleges had responsibilities related to the Casino Project, for negligence.[1]

         2. Circumstances Giving Rise To the Question of Law

         At the time of his alleged injuries, Plaintiff was working for Jostin as a concrete finisher at the Casino Project. (Doc. 49 at ¶ 1). Defendant Messer was the general contractor for the Casino Project, and Jostin was one of its subcontractors. (Doc. 49 at ¶¶ 1, 4; Doc. 14-2 at ¶¶ 1-4).

         Prior to Plaintiff's accident, Defendant Messer had obtained authority from the Ohio Bureau of Workers' Compensation (“BWC”) to self-administer the workers' compensation program for all of the enrolled subcontractors on the Casino Project. (Doc. 14-2 at ¶¶ 1-4; Doc. 14-3). Jostin and Defendants and J & B Steel, D.A.G., and Triversity were enrolled subcontractors participating in Defendant Messer's workers' compensation program for the Casino Project under the certificate of authority issued by the BWC to Defendant Messer. (Doc. 14-2 at ¶¶ 1-4; Doc. 14-3; Doc. 14-4).

         Defendants Messer, J & B Steel, D.A.G., and Triversity moved for summary judgment on the grounds that they are entitled to immunity from Plaintiff's negligence claim pursuant to Ohio's workers' compensation laws, including Ohio Revised Code §§ 4123.35 and 4123.74. (Docs. 14, 37, and 40).[2] The Court found that Defendant Messer was entitled to immunity as the self-insuring employer on the Casino Project. (Doc. 68 at 6). The Court found that Defendants J & B Steel, D.A.G., and Triversity (“Subcontractor Defendants”) were not entitled to immunity because an enrolled subcontractor is only entitled to immunity vis-à-vis its own employees under the above-cited statutes. (Id. at 13-14). Accordingly, the Court granted Defendant Messer's motion for summary judgment and denied the Subcontractor Defendants' motions for summary judgment. (Id. at 19).

         The Subcontractor Defendants then moved for certification of the following question to the Ohio Supreme Court:

Whether Ohio Rev. Code §§ 4123.35 and 4123.74 provide immunity to subcontractors enrolled in a Workers' Compensation self-insurance plan from tort claims made by employees of [other] enrolled subcontractors injured while working on the self-insured project.

         This Court granted the request for certification, recognizing a split on the issue between its own ruling in the case and a lower Ohio state court's ruling on a similar issue. The Ohio Supreme Court returned its answer to the certified ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.