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Supreme Court of Ohio

Description

When Are Employers Liable for Employee Injury Under Ohio's Employer Intentional Tort Liability Statute?

Pro-Pak Industries, Inc., et al. v. Phillip E. Pixley, Case no. 2013-0797

Sixth District Court of Appeals (Lucas County

ISSUES:

Is the definition of "equipment safety guard" limited to devices that are designed to shield the operator from exposure to or injury by a dangerous aspect of the equipment?

Does "deliberate removal" of an equipment safety guard occur only when there is evidence the employer made a deliberate decision to lift, push aside, take off, or otherwise eliminate the guard from the machine?

Tags

Ohio Government Judicial Branch Supreme Court of Ohio Intentional Tort Safety Guard Intentional Removal Deliberate Removal Operator Employer Liability Summary Judgment Genuine Issue Genuine Dispute Material Fact Circumstantial Evidence Presumption Rebuttable Presumption OSHA Regulations Malfunction

Markers Transcript

00:00:44	Gregory Denny for Pro-Pak Industries, Inc.
00:15:53	Paul Flowers for Phillip Pixley
00:33:07	Summation: Gregory Denny for Pro-Pak Industries, Inc.

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Note : Transcripts are compiled from uncorrected captions