Houdek v. ThyssenKrupp Materials N.A., Inc.
Annotate this CaseEmployee worked in the aisle of a warehouse where he sustained injuries when a co-worker operating a sideloader struck him. Employee sued Employer, asserting the company had deliberately intended to injure him by directing him to work in the aisle with knowledge that injury was substantially certain to occur. The trial court granted Employer's motion for summary judgment, concluding that Employee failed to show Employer intended to injure him. The court of appeals reversed, holding that there were genuine issues of material fact that Employer objectively believed the injury to Employee was substantially certain to occur. At issue on appeal was the recently enacted statute, Ohio Rev. Code 2745.01(A), which specifies that an employer is not liable for an intentional tort unless the employee proves the employer had the intent to injure or believed the injury was "substantially certain" to occur. The Supreme Court reversed, holding (1) the court of appeals erred by ignoring the statutory definition of "substantially certain" and holding Employer could be held liable for Employee's injuries if "objectively believed" the injury was substantially certain to occur; and (2) no evidence existed that Employer deliberately intended to injure Employee by directing him to work in the warehouse aisle.
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