Opinion

Richardson v. Mehan

  • 69 Ohio St. 2d 52
  • 430 N.E.2d 927
Court
Ohio Supreme Court
Filed
Jan 20, 1982
Status
Published
Author
Brown
On the bench
Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
Cited by
6 cases
Authority
More cited than 15.1%

finding an employer/employee relationship when “[t]he [employee] was not free to haul and deliver stones whenever the spirit moved him. Rather, he was required to unload his truckload of stone during the hours [his employer] specified.”

How later courts described this case

  • finding an employer/employee relationship when “[t]he [employee] was not free to haul and deliver stones whenever the spirit moved him. Rather, he was required to unload his truckload of stone during the hours [his employer] specified.”

Written by the judges who cited it.

The opinion

Clifford F. Brown, J.,

dissenting. Whether a defendant was an independent contractor or an employee is ordinarily a question of fact for the jury, under proper jury instructions. Gillum v. Indus. Comm. (1943), 141 Ohio St. 373 ; Smith v. Price Bros. Co. (C.A. 6, 1942), 131 F. 2d 750 , certiorari denied 318 U. S. 762 ; 3 Ohio Jurisprudence 3d, Agency, Section 240. It is the duty of the trial court to submit an essential issue to the jury when there is sufficient evidence relating *57 to that issue to permit reasonable minds to reach different conclusions on that issue. O’Day v. Webb (1972), 29 Ohio St. 2d 215 .

Reasonable minds in this case can differ over whether defendant was an independent contractor or employee. Witness the reasonable mind of the dissenting Judge John Connors on the Court of Appeals who perspicaciously opined that “reasonable minds could differ as to whether appellee was an employee or an independent contractor.” The majority decision of this court necessarily implies that the dissenting appellate judge is not a reasonable mind, a patently unreasonable implication. This reasonable mind agrees with that of my colleague on the Court of Appeals. Accordingly, I dissent.

Celebrezze, C. J., concurs in the foregoing dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.