Worker Failed to Establish Employer's Conduct Was 'Substantially Certain' to Cause Injury

The Connecticut Appellate Court ruled that a worker could not prevail on his tort claim against his employer as a matter of law because he could not demonstrate his employer's subjective belief that its alleged failure to properly repair an excavator was substantially certain to result in an injury to him. Case: Lucenti v. Laviero, No. AC 37734, 05/10/2016, published. Facts: Dominick Lucenti worked for Greg Laviero and Martin Laviero Contractors. He suffered injuries while using an excavator at work in October 2011. Procedural History: Lucenti filed a civil suit against Laviero and...