• Ohio Supreme Court Strictly Construes Workplace Intentional Tort Statute
  • November 29, 2012 | Author: Harry Sigmier
  • Law Firm: Weston Hurd LLP - Cleveland Office
  • In a highly watched case, the Ohio Supreme Court narrowly interpreted the portion of Ohio's workplace intentional tort statute under which employers can be held liable if they remove safety guards from equipment. Hewitt v. L.E. Myers Co., 2012¬≠Ohio¬≠5317. Ohio Revised Code Section 2745.019 limits an employer's liability for workplace injuries to cases where it deliberately intends injury. The statute creates an exception for cases of "deliberate removal by an employer of an equipment safety guard," which creates a rebuttable presumption that the employer intended injury.