Trojan v. Ro-Mai Industries, Inc

In Trojan v. Ro-Mai Industries, Inc. (Aug. 19, 1998), 9th Dist. No. 18778, 1998 Ohio App, the Court found that ordering a protective guard and never installing it perhaps indicated negligence, but did not rise to the egregious level required for an employer intentional tort. In Trojan, the injured employee was responsible for operating plastic injection molding machines. Id. While operating one of these machines, Trojan reached into the machine to dislodge a part stuck in the mold. Id. Trojan inadvertently hit the "mold close" button, causing the mold to close on his left hand. Id. Trojan sued, alleging that RMI's failure to install safety guards constituted an intentional tort. Id. This Court disagreed, holding in part that Trojan had exceeded the normal operation of his machine by voluntarily placing his hand within the operating area of the machine. Id.