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HARASYN v. NORMANDY METALS, INC.

No. 88-1700.

49 Ohio St. 3d 173 (1990)

HARASYN ET AL., APPELLANTS, v. NORMANDY METALS, INC., APPELLANT; FIREMAN'S FUND INSURANCE COMPANY OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Joseph L. Coticchia Co., L.P.A., and Joseph L. Coticchia, for appellants Dick and Louella Harasyn.

Petro, Rademaker, Matty & McClelland, Robert C. McClelland and James M. Petro, for appellant Normandy Metals, Inc.

Crabbe, Brown, Jones, Potts & Schmidt, Steven B. Ayers and Jeffrey M. Lewis, for appellee Fireman's Fund Insurance Co. of Ohio.

Dinsmore & Shohl and George B. Wilkinson, urging reversal for amicus curiae, Cincinnati Die Casting Co.

Vorys, Sater, Seymour & Pease, Russell P. Herrold, Jr., and Robert A. Minor, urging reversal for amicus curiae, Ohio Manufacturers' Association.

Dinsmore & Shohl and Mark A. VanderLaan, urging reversal for amicus curiae, Quantum Chemical Corp.

Harris, Bella & Burgin, Jerald D. Harris and Barry R. Levy, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

H. BROWN, J.

In this case, we must decide whether public policy prohibits an employer from insuring against tort claims by employees in cases where the employer did not intend to injure the employee but knew that injury was substantially certain to occur. For the reasons which follow, we find that it does not.

I

We begin our discussion with an analysis of the nature of employer intentional torts. In Van Fossen v. Babcock & Wilcox Co...

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