Employer's Failure to Repair or Replace Safety Guard Does Not Constitute 'Removal'

An Ohio appellate court ruled that an employer should have been granted summary judgment dismissing an employee’s intentional tort claim because its failure to repair or replace safety guards on its equipment did not demonstrate an intent to injure. Jose Camara worked for Gill Dairy LLC. One of his duties was to operate the sand spreader. The spreader is powered by the tractor's engine by way of a rotating power take-off shaft. Because of the danger posed by the rotating shaft, a plastic shield typically surrounds it. The manufacturer had installed a slightly flared three-si...