Was Summary Judgment In Favor of Employer Due to Lack of Evidence That Co-Employer Created a Dangerous Condition ?
In Switka v. the City of Youngstown, Mahoning App. No. 05MA74, 2006 Ohio 4617, the Seventh District Court of Appeals affirmed summary judgment in favor of an employer and against an employee on an intentional tort claim arising out of the employee's injury from being kicked by a co-employee.
The co-employee had previously been charged with felonious assault and domestic violence, although both charges were unrelated to his employment.
The co-employee also admitted to verbally threatening another co-worker and to on-the-job horseplay in violation of work rules, which was known by his supervisor.
Despite such evidence, the court concluded that there was a lack of evidence that the co-employee created a dangerous condition or that the employer knew that a worker was substantially certain to be injured.