West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company

Following a mechanic’s injuries sustained while mounting a tire on a single-piece rim wheel without the use of a cage or other restraining device, and contact by the trucking company of the worker via telephone, social media, and visiting him in the hospital with the alleged improper purpose of convincing him not to file any claims, the worker brought suit for deliberate intent, negligence, and outrage, among other claims.  Under West Virginia law, workers’ compensation immunity from suit is removed if the employer acted with “deliberate intention” in causing the worker’s injuries.

The key facts reviewed by the U.S. District Court for the Northern District of West Virginia in deciding competing summary judgment motions included the following: the tire had a warning label stating “When mounting tire, use safety cage …”; the company had never received an OSHA citation for not having a cage for use when mounting single-rim tires; a tire-related incident had not occurred at the company prior to this injury; the company did not believe that a cage was required when mounting a single-rim tire; and OSHA had never conducted a safety hazard assessment at this company.  The court ultimately concluded that the plaintiff could not establish actual knowledge on the part of the employer of the existence of the specific unsafe working condition and of the high degree of risk and the strong probability of serious injury it presented.  The court found no specifically identifiable duty on the company to provide its employees with a restraining device or barrier when mounting tires on the type of rim wheel at issue in the case, and thus granted summary judgment to the defendant company on the plaintiff’s deliberate intent claim (and the plaintiff’s other claims as well).