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Norgard v. Brush Wellman, Inc.

OhioMay 8, 2002No. 2001-0063Cited 27 times
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Case Details

Judge(s)
Francis E. Sweeney, Sr., J.
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Ohio Supreme Court reversed the lower courts' grant of summary judgment based on statute of limitations, holding that the statute of limitations for employer intentional tort claims accrues when the employee discovers both the injury and the employer's wrongful conduct, not merely the injury itself. The case was remanded for trial.

Excerpt

Employer and employee—Intentional tort—Cause of action based upon an employer intentional tort accrues, when.

What This Ruling Means

**What Happened** An employee sued Brush Wellman, Inc. for intentionally causing workplace injuries. The lower courts dismissed the case, ruling that the employee waited too long to file the lawsuit under Ohio's statute of limitations - the legal deadline for bringing a claim. **What the Court Decided** The Ohio Supreme Court disagreed and overturned the lower courts' decision. The court ruled that the legal time limit for filing an intentional tort lawsuit against an employer doesn't start when the worker first gets injured. Instead, it starts when the worker discovers both their injury AND that their employer intentionally caused it through wrongful conduct. Since this employee may not have realized initially that the company intentionally harmed them, they could still be within the legal deadline. The case was sent back to a lower court for a full trial. **Why This Matters for Workers** This ruling gives workers more time to sue employers who intentionally cause workplace injuries. Many workers may know they're hurt but not immediately realize their employer deliberately caused the harm. Under this decision, the legal clock doesn't start ticking until workers discover their employer's intentional wrongdoing, potentially allowing more injured workers to seek justice even if they file their claims years after the initial injury.

This summary was generated to explain the ruling in plain English and is not legal advice.

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