Klaus v. United Equity, Inc

In Klaus v. United Equity, Inc., 3d Dist. No. 1-07-63, 2008 Ohio 1344, Klaus was injured while replacing shear bolts on an auger. Although the company had a written lock-out/tag-out procedure, Klaus did not receive the policy. Id. Before making the replacement, Klaus turned off the power and asked another employee to keep an eye on the switch. Id. Klaus then proceeded to make the repair. While Klaus was doing this, another employee, thinking Klaus was done, turned on the power to the auger which caused serious injury to Klaus. Id. Klaus subsequently filed a complaint alleging an employer intentional tort. Id. The trial court granted summary judgment to United Equity and Klaus appealed to this court. Id. Upon review of the standard to establish an employer intentional tort, this court held as follows. To establish an employer-employee intentional tort, plaintiff must show: (1) the employer has knowledge of a dangerous process, procedure, instrumentality or condition within its business operation; (2) the employer knows that if the employee is subjected by his employment to such dangerous process, procedure, instrumentality or condition, then harm to the employee will be a substantial certainty; (3) that the employer, under such circumstances, and with such knowledge, did act to require the employee to continue to perform the dangerous task. These elements are collectively referred to as the Fyffe elements. Id. at P17.