Summary
The court affirmed summary judgment for the defendants, finding that the plaintiff's injury did not rise to the level of an intentional tort, as the employer did not have knowledge that harm was substantially certain to occur. The plaintiff was injured when he drove a golf cart in the dark and hit a tree, and the court found that at most the employer was negligent.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in sustaining David Childs' motion for summary judgment.
- Whether the trial court erred in failing to consider the totality of the circumstances in its determination of the intentional tort issue.
Holdings
- Summary judgment was proper because plaintiffs failed to present evidence that the defendants knew that Rashid would be injured to a substantial certainty, as required to establish an intentional tort under Ohio law.
Key quotations
“In an action by an employee against his employer alleging an intentional tort, upon motion for summary judgment by the defendant employer, the plaintiff employee must set forth specific facts which show that there is a genuine issue of whether the employer had committed an intentional tort against his employee.” (¶ 11)
“We therefore agree with the trial court that plaintiffs have not presented evidence that the defendants knew that Rashid would be injured to a substantial certainty. Both assignments of error are overruled, and the judgment is affirmed.” (¶ 21)
Factual background
On September 29, 2000, Rashid Johnson, a minor, was employed as a food service worker at a Salvation Army camp. He was supervised by Lieutenant David Childs. Earlier that day, Rashid and others had driven golf carts without incident. Later, Rashid and another employee, with Childs' permission, drove a golf cart to assist two stranded employees. They had to return to camp because it was dark and Rashid's flashlight did not work. They obtained a spotlight from the stranded employees and, on the return trip, Rashid accidentally turned off the light, ran off the paved road, and hit a tree, injuring himself. Rashid received workers' compensation benefits.
Procedural history
Plaintiffs filed a complaint alleging intentional tort after Rashid Johnson was injured in a golf cart accident at the Salvation Army camp. The trial court granted summary judgment in favor of defendants, concluding that plaintiffs failed to create a genuine issue of material fact on the substantial certainty element of an intentional tort. Plaintiffs appealed.