[Download] "Sorban v. Sterling Engineering Corp." by the Court of Appeals of the State of Connecticut # eBook PDF Kindle ePub Free

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eBook details

• Title: Sorban v. Sterling Engineering Corp.
• Author : the Court of Appeals of the State of Connecticut
• Release Date : January 16, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Argued June 9 Opinion The plaintiff employee, Emil Sorban, appeals from the summary judgment rendered by the trial court in favor of the defendant employer, Sterling Engineering Corporation. The plaintiff claims that the court improperly concluded that (1) the substantial certainty exception to the exclusivity provisions of the Workers' Compensation Act (act), General Statutes § 31-275 et seq., is equivalent to inevitability and (2) there was no genuine issue of material fact as to whether the defendant's alleged intentional actions created a situation in which the plaintiff's injuries were substantially certain to occur. We agree with the plaintiff that the court improperly concluded that the substantial certainty standard is equivalent to inevitability, but determine nevertheless that there was no genuine issue of material fact and that the defendant was entitled to judgment as a matter of law. Accordingly, we affirm the judgment of the trial court. 1 The following facts, gathered from deposition testimony, affidavits and the procedural history, are necessary for our resolution of the plaintiff's appeal. On March 12, 1997, the plaintiff was employed by the defendant as a machine operator. He had worked for the defendant for nine years. The plaintiff was assigned to work on a vertical turret lathe, which required the operator to place a large circular piece of material on a rotating table. The operator would position the cutting tool (tool head) that was attached to an arm over the rotating table, and then cut the material.

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