Henzerling v. Environmental Ents., Inc.
Case Details
- Judge(s)
- Per Curiam
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- summary judgment
Related Laws
No specific laws identified for this ruling.
Outcome
Trial court properly granted summary judgment for employer in intentional tort case brought by employee's estate, finding no deliberate intent to harm and that failure to require submersion tank use did not constitute deliberate removal of safety equipment under Ohio law.
Excerpt
EMPLOYER-EMPLOYEE - INTENTIONAL TORT - R.C. 2745.01 - SUMMARY JUDGMENT: The trial court did not err in granting defendant employer's motion for summary judgment in an intentional-tort case brought by its employee's estate: R.C. 2745.01(C)'s rebuttable presumption did not apply because the employer's failure to require the employee to use a submersion tank before cutting away metal casings on air filters was not tantamount to the deliberate removal of an equipment safety guard where the submersion tank was not an equipment safety guard, and there was otherwise no issue of fact as to whether the employer had deliberately intended to harm its employee.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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