Bee v. Toth Industries, Inc.

James R. Sherck, Judge.

{¶ 1} This is an appeal from a summary judgment issued by the Lucas County Court of Common Pleas against an employee in an employer intentional tort claim. Because we conclude that the employee submitted sufficient evidence to raise a question of fact concerning substantial certainty of injury, we reverse.

{¶ 2} Appellee, Toth Industries, Inc., is a manufacturer of auto components. Appellant, Edward A. Bee, 1 was a 15-year employee of appellee when, in 1999, he fractured his ankle on the job.

{¶ 3} Appellant is a diabetic with an associated condition known as neuropa-thy,…