Timothy Ulrick v. Norm Kunz

OPINION

McKEAGUE, Circuit Judge.

Together with his family, Timothy Ul-rick, a carpenter attacked by Norm Kunz, a labor supervisor working for their joint employer, Ahal Contracting Co., brought a claim of employer intentional tort against Ahal. The district court granted Ahal’s motion for summary judgment after finding that the Ulricks had failed to demonstrate that Ahal was “substantially certain” that Kunz would injure anyone, and so had failed to demonstrate that Ahal had the requisite intent under the employer intentional tort exception to the exclusive remedy provision of Ohio’s worker’s…