Lakota v. Westfield Insurance

Kabpinski, Judge.

This appeal arises from a declaratory judgment. The dispute concerns whether an insurance policy provides indemnification for tort claims by an employee who alleges that his injury was substantially certain to occur.

Plaintiff-appellee, Robert Lakota, was employed by Brunswick Welding, Inc. (“Brunswick”) as an ironworker assembling structural steel on a school expansion project in Copley, Ohio. He was injured on December 1,1993, when he fell from a partially completed roof that Brunswick allegedly overloaded with heavy construction materials. In violation of OSHA structural…