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Torts Keyed to Prosser
Blankenship v. Cincinnati Milacron Chemicals, Inc
Facts
Plaintiffs, eight current or former employees of Cincinnati Milacron Chemicals, Inc., (Defendant) brought an action against Defendant, alleging that as a result of failing to warn of, report, and correct hazardous conditions in their work environment, they had been exposed to “to fumes of certain chemicals” which “rendered them sick, poisoned, and permanently disabled.” The Plaintiffs also allege that the Defendant’s “omissions were intentional, malicious, and in willful and wanton disregard of the duty to protect the health of employees.” The trial court dismissed on the ground that the action was barred by a relevant section of the Ohio Constitution and the Ohio Workers’ Compensation Act, which offered an employer and his employees total immunity from civil suit. Plaintiffs appealed and the court of appeals affirmed the lower court ruling.
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