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BAKER v. WESTINGHOUSE ELEC. CORP. & MONSANTO CO.

No. 49S00-9309-CQ-1004.

637 N.E.2d 1271 (1994)

John W. BAKER, et al., Plaintiffs, v. WESTINGHOUSE ELECTRIC CORPORATION AND MONSANTO COMPANY, Defendants.

Supreme Court of Indiana.

June 23, 1994.

Attorney(s) appearing for the Case

Jeanmarie LoCoco Nicholson, Murray Law Firm, New Orleans, LA, David McCrea, McCrea & McCrea, Bloomington, for plaintiffs.

Joseph B. Carney, Virgil L. Beeler, John R. Schaibley, III, Baker & Daniels, Indianapolis, Jan Feldman, John J. O'Shea, Pope & John, Ltd., Chicago, IL, for defendants.

David J. Mallon, Jr., R. Brock Jordan, Ice Miller Donadio & Ryan, Indianapolis, for Indiana Legal Foundation as amicus curiae.

SHEPARD, Chief Justice.

We have agreed to answer two questions about the viability of tort claims against employers, certified to us by the United States District Court for the Southern District of Indiana pursuant to Ind. Appellate Rule 15(O). Those questions are:

I) Whether there is an intentional tort exception to the exclusivity provision of the Indiana Worker's Compensation Act, Ind. Code § 22-3-2-6, and II) Whether there is an intentional...

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