Kucharski v. National Engineering & Contracting Co.

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 properly be found liable for negligence pursuant to R.C. 4101.13. This argument has no merit.

R.C. 4101.13 states:

“No employee shall remove, displace,…