A West Virginia appeals court recently broadened the definition of deliberate intent in discrimination cases to cover employees who suffer injuries using equipment that hasn’t been properly inspected, a decision that exposes companies with out-of-date equipment to liability.
The case involved a welder, David McComas, who was badly burned by a blast from a 1950s-era 480-volt fuse box while he was trying to turn the power on for a site in which his foreman directed him to work. The site had not been in recent operation, and the fuse box had never been inspected. The welder claimed his foreman intended the injury and filed a deliberate intent suit against his employer, a Delaware-based railroad car manufacturer ACF Industries LLC.
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