Kerg v. Atlantic Tool & Die Co.

{¶ 53} I respectfully dissent regarding the first assignment of error involving Atlantic. I concur, however, with the majority’s disposition of the second assignment of error related to Littell on the product-liability claim.

{¶ 54} I would affirm summary judgment for Atlantic because Kerg has failed to demonstrate the second prong of the Fyffe test, knowledge by the employer that if Kerg is subjected to such a dangerous procedure, harm will be a substantial certainty.

{¶ 55} As the majority correctly points out, Kerg was usually reminded to put the keepers on, but Kattas, who filled in for the…