High Court Revives Tort, Says Appeals Court Misapplied Presumption for Safety Guard Removal

The Ohio Supreme Court said an appeals court erred when it vacated a jury verdict based on a finding that there was no genuine issue of material fact about whether a dairy worker was entitled to the rebuttable presumption that his employer deliberately removed a safety guard. Revised Code Section 2745.01 allows an injured worker to proceed with an intentional tort claim only after proving that the employer acted with deliberate and specific intent to cause injury or death. If an employer intentionally removes safety guards, and a worker is injured as a result, RC 2745.01(C) rebuttably presume...