You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Widican v. Bridgestone/Firestone N. Am. Tire L.L.C.

Citation: 2011 Ohio 6602Docket: 25674

Court: Ohio Court of Appeals; December 20, 2011; Ohio; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves an appeal from a summary judgment in favor of Firestone in a lawsuit brought by the Widicans, following the death of Eugene Widican due to acute myelogenous leukemia. Widican had worked for Firestone for thirty years, during which he was allegedly exposed to toxic solvents. The Widicans filed an intentional tort claim against Firestone, who asserted immunity under Ohio's workers' compensation law. The trial court granted summary judgment for Firestone, which was appealed by the Widicans. The appellate court reviewed the summary judgment de novo, highlighting that summary judgment is only appropriate when there are no genuine issues of material fact and that the moving party bears the burden of proof. Firestone had argued that the Ohio Supreme Court decisions establishing intentional tort claims should not apply retrospectively, but failed to provide adequate evidence of potential inequities. Consequently, the appellate court found merit in the Widicans' arguments, reversed the trial court's decision, and remanded the case for further proceedings, mandating the Summit County Court of Common Pleas to execute this judgment with costs awarded to the appellee.

Legal Issues Addressed

Burden of Proof in Summary Judgment

Application: Firestone failed to meet its initial evidentiary burden under Civ. R. 56(C), as it did not provide adequate evidence to support its claim for immunity from intentional tort liability.

Reasoning: The non-moving party's burden to respond arises only after the moving party satisfies its initial evidentiary burden, which requires evidence as specified in Civ. R. 56(C)—including pleadings, depositions, and affidavits.

Immunity from Intentional Tort Claims

Application: Firestone's claim of immunity based on workers' compensation law was not substantiated, as they failed to provide evidence of potential inequities related to the retroactive application of relevant court decisions.

Reasoning: Firestone did not provide the requisite evidence to support its summary judgment motion, particularly regarding the potential inequities of applying the Blankenship and Jones decisions retroactively.

Retrospective Application of Court Decisions

Application: The court acknowledged the possibility of exceptions to the general rule of retrospective application, but Firestone's lack of evidence regarding hardships prevented the application of such exceptions.

Reasoning: The DiCenzo decision provides a general rule for the retrospective application of court decisions, with exceptions that can be exercised at the court's discretion based on specific factors.

Summary Judgment Standards

Application: The court emphasized that summary judgment is appropriate only when there are no genuine issues of material fact and that the moving party bears the burden of proof.

Reasoning: The appellate court reviewed the summary judgment de novo, emphasizing that it must view facts in the light most favorable to the non-moving party.