KUCHARSKI v. NATL. ENG. & CONTRACTING CO.

No. 93-225.

69 Ohio St.3d 430 (1994)

KUCHARSKI, APPELLANT, v. NATIONAL ENGINEERING & CONTRACTING COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided June 15, 1994.


Attorney(s) appearing for the Case

Endress & Endress Co., L.P.A., Richard R. Endress and Jeffrey C. Endress, for appellant.

Arter & Hodden and Irene C. Keyse-Walker, for appellee.

Schottenstein, Zox & Dunn and Roger L. Sabo, urging affirmance for amicus curiae, Ohio Contractors Association.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amicus curiae, Ohio AFL-CIO.


WRIGHT, J.

The narrow issue we will decide in this matter is whether R.C. 4101.13 may be used as the basis of a negligence suit by an employee of one independent contractor against a second independent contractor working on a common building site, when the parties lack both a contractual relationship and control of each other's employees. We hold that it may not.

Kucharski argues that because National employees removed the temporary guardrails, National may...

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