Helfinstine v. Plasticolors

{¶ 77} While I agree with the majority’s analysis as to the first prong of the Fyffe test, I respectfully disagree with the conclusions that Helfinstine failed to present any evidence that Plasticolors had knowledge that its employees were using a dangerous procedure that was substantially certain to cause injury and that he failed to present any evidence that with knowledge of a dangerous condition that was substantially certain to cause harm, the employer required Helfinstine to perform a dangerous task.

{¶ 78} At the outset, it bears repeating that summary judgment is appropriate when there…