Pixley v. Pro-Pak Indus., Inc.
Annotate this CasePhillip Pixley brought an employer intentional tort claim arising from injuries he sustained when he was struck by a transfer car in the course of his employment at Pro-Pak Industries, Inc. Pixley alleged that Pro-Pak had not adequately trained its transfer car operator and had deliberately bypassed the transfer car’s safety bumper, causing the safety mechanism that stopped the car to fail. The trial court granted summary judgment for Pro-Pak, concluding that Pixley failed to create a genuine issue of material fact that Pro-Pak had the specific intent to injure him. The appellate court reversed. The Supreme Court reversed, holding that Pixley failed to prove that Pro-Pak deliberately removed or disabled the safety bumper on the transfer car that injured him, and therefore, the trial court properly granted summary judgment in favor of Pro-Pak.
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