To Prove Intentional Workplace Tort Claim, Must Employee Prove That Employer Acted With 'Deliberate Intent to Injure?'

Bruce R. Houdek et al. v. ThyssenKrupp Materials NA, Inc., Case no. 2011-1076

Eighth District Court of Appeals (Cuyahoga County)

ISSUE: Did 2004 legislation that requires an injured worker asserting a "workplace intentional tort" claim against his employer to prove "that the employer committed the tortious act with the intent to injure another or with the belief that the injury was substantially certain to occur" establish a single standard of deliberate intent to cause injury?