Employee shot on the job loses intentional tort case — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employee shot on the job loses intentional tort case

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A U.S. District judge dismissed an intentional injury suit against Daimler- Chrysler AG and the security firm Wackenhut Corp.

The suit was brought by an employee injured in a shooting at the company’s Toledo North assembly plant in 2005. A worker entered the plant one morning, pulled out a shotgun from under his coat and opened fire on supervisors with whom he’d argued the night before. He wounded two co-workers, including the plaintiff, killed a third and then he killed himself.

The plaintiff argued that the defendants should have realized the threat the employee posed. He also faulted the security company for not screening for firearms.

In his ruling, the judge pointed out that the shooter had a solid 22-year work history at the plant, and the company’s security met industry standards. He ruled that the plaintiff failed to meet the relatively tough burden of proof for intentional tort, which requires that the defendants knew injury was likely. 

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