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Alexander v. Demmer Corporation8/20/2002
d mask. The plaintiff further alleged
that defendant was aware that the scrap was damp and that aerosol cans were present in the scrap, and that scrap that is wet or that contains closed aerosol cans could lead to an explosion if placed in the furnace. Defendants contended that its employees were instructed to examine the scrap for aerosol cans before loading it into the furnace, and were also instructed on how to safely load damp scrap into the furnace. The defense also asserted that plaintiff failed to follow these instructions. Plaintiff acknowledged in his deposition that he was instructed to load wet scrap slowly, and it would 'melt." However, contrary to the defendant's assertions, plaintiff testified that he was not told to separate closed aerosol cans from the scrap pile. [453 Mich at 158.]
The Supreme Court concluded:
Accepting the facts to be as alleged by plaintiff, we determine that proper application of the rules regarding summary disposition require the conclusion that plaintiff established a genuine issue of material fact with respect to whether defendant Metal Exchange committed an intentional tort. If the facts as alleged by plaintiff are proven at trial, they would support a finding that his employer possessed the requisite intent to injure. Focusing first on the level of defendant's knowledge, we find that plaintiff established a genuine issue of material fact regarding whether his employer had actual knowledge that an injury would occur. The first inquiry is whether defendant was aware of the cause of the explosion. Plaintiff contends the cause may have been the aerosol container, may have been the water, or may have been a combination of the two factors. Plaintiff presents deposition testimony of defendants Mazur, Meyer, and Szybowicz in which they acknowledge that closed aerosol cans and water could cause explosions and that both were present in the scrap loaded by plaintiff. If plaintiff definitively proves at trial that water, aerosol cans, or a combination of the two created the dangerous condition that caused the explosion, and that defendant knew this condition could lead to an explosion, then plaintiff will have established actual knowledge. On the other hand, defendant correctly observes that plaintiff has not ruled out that the cause may have been plaintiff's loading technique or a defect in the furnace, which under plaintiff's theory of the case would not be within the scope of defendant's actual knowledge. Under defendant's theory, an argument may be made that, unlike [People v] Film Recovery Systems, [194 Ill App3d 79; 141 Ill Dec 44; 550 NE2d 1090 (1990)], the cause of the injury has not been identified in a manner in which it can be established that the employer knew of the presence of that condition, and knew that exposure to it would cause injury. Under the present procedural posture of the case, however, we cannot rule out the possibility that plaintiff's theory will prevail at trial. Accepting plaintiff's facts as true, we find that a genuine issue of material fact exists with respect to whether defendant had actual knowledge of the condition that caused plaintiff's injury.
Likewise, the evidence conflicts with regard to whether the injury was "certain" to occur. Starting with the premise that either the aerosol cans or the water caused the explosion, defendant contends that plaintiff was instructed to sort out all the aerosol cans before loading the scrap into the furnace. Defendant also presented deposition testimony that plaintiff was instructed regarding a method of loading wet scrap that would avoid an explosion. If the finder of fact determines that the events transpired as set forth by defendant, then defendant must prevail. O
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