Cases

Appellant, Joseph Ryan appeals the circuit court's order granting summary judgment in favor of defendant employers Clonch Industries, Inc. and H & D Lumber Distributors, Inc. in a deliberate intention workplace injury case.   In order to prevail in a deliberate intention claim, the employee must prove all five elements of the subject statute by a preponderance of the evidence.   Appellant was working as a “bander”, cutting and strapping metal bands around stacks of lumber for the employer sawmilling company, when he was struck in the eye with a piece of metal and lost the vision in his eye.   He argues that the employer never warned him of the inherent dangers of the specific task and did not provide him with proper safety equipment, namely eye protection.   The employer argues that the prerequisites of a deliberate intent action have not been met, and therefore immunity is afforded under the workers’ compensation statute.