Employee Could Not Provide Evidence of Employer's Knowledge of a Dangerous Condition

In Reed v. Armco, Inc. (Dec. 20, 2000), Muskingum App. No. CT2000-0005, 2000 Ohio App, the Fifth District Court of Appeals affirmed summary judgment in favor of an employer and against an employee who was assaulted by three co-workers. The employee alleged that he had been subjected to repeated instances of harassment, threats, and emotional and physical abuse during his 15 years of employment. The court found that the employee failed to demonstrate the employer's knowledge of a dangerous condition because he did not report many of the alleged instances of harassment and abuse. However, the court went on to hold that, "assuming, arguendo, that the employer knew that the employee was subjected to all of the above instances of harassment by his co-workers, there is no evidence in the record that the employer knew that the injuries allegedly suffered by the employee were certain or substantially certain to occur." Id.