Ohio: Intentional Tort Action Against Employer Fails

Ohio: Intentional Tort Action Against Employer Fails

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to cause the employee injury.  The employee lost his right hand when an injection-molding machine engaged while he was attempting to clean it.  Quoting an earlier Ohio decision, Kaminski v. Metal & Wire Prods. Co., 125 Ohio St.3d 250, 263, 2010-Ohio-1027 and Larson’s Worker’s Compensation Law, the court held that even if the employer ignored the safety procedures for cleaning the machine, its conduct may have been grossly negligent or wanton, but did not rise to the level of an employer intentional tort.

Reported by Thomas A. Robinson, J.D.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Wright v. Mar-Bal, Inc., 2013-Ohio-5647, 2013 Ohio App. LEXIS 5913 (Dec. 23, 2013) [2013 Ohio App. LEXIS 5913 (Dec. 23, 2013)]

See generally Larson’s Workers’ Compensation Law, § 103.03, 103.04 [103.03, 103.04]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.



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