Lucenti v. Laviero

At issue in this appeal was the contours of the proof necessary for an employee to establish an employer’s subjective intent to create a dangerous situation with a “substantial certainty of injury” to the employee for purposes of avoiding application of the exclusive remedy provision of the Workers’ Compensation Act. The Supreme Court held that, under the circumstances of this case and in the absence of any evidence demonstrating the hallmarks typical of employer misconduct, Plaintiff failed to establish a genuine issue of material fact with respect to whether Defendants subjectively believed that Plaintiff’s injuries from the use of a particular excavator were substantially certain to occur. View "Lucenti v. Laviero" on Justia Law