In Wainwright v. Moreno's, Inc. 602 So. 2d 734 (La. App. 3 Cir. 1992), the plaintiff was digging a 10-foot-deep ditch when it caved in. Id. at 736. The plaintiff sued his employer and the foreman who had ordered him to dig the ditch. Id. The trial court found that the plaintiff's employer and the foreman knew that the injuries to the plaintiff were substantially certain to result from their actions. Id. at 738. The appeals court affirmed, noting there was testimony that a cave-in had occurred the day before the accident. Id. at 739. Because of this cave-in, the employer had held a safety meeting at which the employees were told not to enter a ditch unless they could see out of it. Id. at 739. Additional evidence indicated that a cave-in was inevitable, including testimony from an engineer who stated that he had told a foreman that the soil was sloughing off the sides of the ditch and that no one should be allowed in the ditch without protection. Id. The engineer also told a superintendent that the dirt was unstable and that "no one should be allowed in the ditch until they protected the ditch against a cave-in." Id. A The evidence in Wainwright shows that the employer was aware of an accident that had occurred very recently--the day before--under the same conditions and that the employer ignored evidence of instability in the soil which indicated that another accident was substantially certain to occur and to cause injury to persons in the ditch.