Estate of Merrell v. M. Weingold Co., 88508 (6-21-2007)

JOURNAL ENTRY AND OPINION

{¶ 1} Plaintiffs-appellants, the Estate of Michael Merrell, Michael S. Merrell, and Dannette Merrell (as individuals and co-administrators of the Estate), appeal from the judgment of the common pleas court granting the motion for summary judgment of defendant-appellee, M. Weingold Company ("M. Weingold") on their intentional tort claim. We reverse and remand.

{¶ 2} Michael W. Merrell ("the decedent") was employed by M. Weingold as a "burner" on the scrap metal baler at M. Weingold's scrap yard on Campbell Road in Cleveland, Ohio. M. Weingold has two other scrap yards…