SOPKOVICH v. OHIO EDISON CO.

No. 97-317.

81 Ohio St.3d 628 (1998)

SOPKOVICH, ADMR., APPELLEE, v. OHIO EDISON COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided May 13, 1998.


Attorney(s) appearing for the Case

Martin F. White Co., L.P.A., Martin F. White and James J. Crisan, for appellee.

Hoppe, Frey, Hewitt & Milligan, William R. Hewitt and Kevin P. Murphy, for appellant.

Sally L. Geib, urging reversal for amicus curiae, Cleveland Electric Illuminating Company.

Denise M. Hasbrook, urging reversal for amicus curiae, Toledo Edison Company.


DOUGLAS, J.

The question that has been certified for our consideration is: "For purposes of determining when a property owner owes a duty of care to an employee of an independent contractor, does the property owner `actively participate' in the performance of the employee's work by exercising exclusive control over an aspect of the employee's working environment?" For the reasons that follow, we answer the certified question with a qualified "yes."

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