A recent court ruling has affirmed a judgment against a construction company for negligence, highlighting the legal responsibilities companies have in securing their loads. On February 9, 2026, John T. Gibbons filed a complaint in the Avon Lake Municipal Court against Kendera Construction after an incident involving his vehicle and debris from one of their trucks.
The case revolves around an incident where Gibbons’s vehicle windshield was shattered by a stone that fell from a Kendera Construction truck while he was driving on I-90. Gibbons pursued legal action seeking damages, which led to a bench trial where testimonies were heard from various parties including Gibbons himself, Jeffery Kendera, and James Bizorik. The court admitted several pieces of evidence presented by Kendera Construction such as photographs and video recordings related to the truck involved.
Gibbons argued that Kendera Construction failed to secure its load properly, leading to the stone falling off and causing damage to his vehicle. The trial court found in favor of Gibbons, awarding him $500 plus costs, based on the determination that Kendera Construction had breached its statutory duty under R.C. 4513.31 to secure its load. Despite appealing this decision on grounds of insufficient evidence for negligence and questioning proximate cause, Kendera Construction’s arguments were not upheld by the appellate court.
Kendera Construction contended that there was no proof they owed a duty of care or breached it; however, the court maintained that they had a statutory obligation which they failed to meet by not covering or securing their load. Furthermore, although Kendera challenged the causation link between their actions and the damage caused, asserting alternative scenarios for how the rock could have struck Gibbons’s car, these claims did not sway the court’s decision.
In addition to challenging negligence claims, Kendera also argued that Gibbons had sued the wrong entity by naming “Kendera Construction Enterprises” instead of “Kendera Construction.” However, this claim was dismissed as unfounded since Gibbons correctly named “Kendera Construction” in his filing.
Ultimately, John T. Gibbons represented himself in this case while Brent L. English served as counsel for Kendera Construction. The judgment was delivered by Presiding Judge Jill Flagg Lanzinger with Judges Sutton and Hensal concurring in judgment only. The case is identified as C.A. No. 25CA012213 within Lorain County’s Ninth Judicial District.
Source: 2026Ohio394_Gibbons_v_Kendra_Construction_Opinion_Ohio_Court_of_Appeals.pdf