Summary Judgment 009-intentional act-relation back-SOL-state court

Summary Judgment 009: intentional act, relation back, SOL in state court:

Electric shock injury due to employee moving lights while energized due to company policy.

Fact questions remain whether defendant acted intentionally with knowledge injury was substantially certain.

Plaintiff’s claim not barred by worker’s compensation award.

Workers’ compensation benefits and a “Parret claim” not mutually exclusive.

Award of workers’ compensation benefits has no preclusive effect here.

This action as to these defendants is not barred by limitations.

Hob-Lob, Limited Partnership and Hobby Lobby Stores, Inc. have no room to complain.

Hob-Lob LTD shares an identity of interest with the other Hobby Lobby entities such that relation back is proper as to that entity as well.

Nothing about 12 O.S. Section 100 stops relation back here.

Assumption of the risk is, if anything, a matter for the jury

Defendant has not proven “as a matter of law,” assumption of the risk.

“Assumption” is no bar where employer fails to provide a safe work environment or violates safety regulations.