Is Ohio ‘Intentional Tort’ Action Preempted By Federal Law That Covers Dock Worker Injuries?
Joseph Talik v. Federal Marine Terminals, Inc., Case no. 2006-1808 8th District Court of Appeals (Cuyahoga County) ISSUE: Does the federal Longshore Harbor Workers’ Compensation Act (LHWCA) conflict with and preempt Ohio case law that allows an injured worker to file an “intentional tort” claim against his employer in cases where a workplace condition was so unsafe that it presented a “substantial certainty” of worker injury? BACKGROUND: While he was working as a longshoreman at the Port of Cleveland, Joseph Talik suffered injuries that required amputation of one leg when an irregular pile of heavy pipes he was helping to move collapsed and fell on him. Talik filed an “intentional tort” lawsuit against his employer, Federal Marine Terminal, Inc. in state court, alleging that his supervisors knew the pipe was piled in an unsafe manner but had refused to allow Talik and a co-worker time to rearrange the pile in a safe manner before ordering them to load the pipe onto a truck. Attorneys f
