Question
Jeffrey Glockzin was an employee of Nordyne, Inc. (Nordyne), which manufactured air-conditioning units. Sometimes Glockzin worked as an assembly line tester. The job consisted of
Jeffrey Glockzin was an employee of Nordyne, Inc. (Nordyne), which manufactured air-conditioning units. Sometimes Glockzin worked as an assembly line tester. The job consisted of using bare metal alligator-type clips to attach one of two wire leads from the testing equipment to each side of the air-conditioning unit. When the tester turned on a toggle switch, the air-conditioning unit was energized. Once a determination was made that the air-conditioning unit was working properly, the toggle switch would be turned off and the wire leads removed.
One day, while testing an air-conditioning unit, Glockzin grabbed both alligator clips at the same time. He had failed to turn off the toggle switch, however. Glockzin received a 240-volt electric shock, causing his death. Glockzin's heirs sued Nordyne for wrongful death and sought to recover damages for an intentional tort. Nordyne made a motion for summary judgment, alleging that workers' compensation benefits were the exclusive remedy for Glockzin's death. Glockzin's heirs argued that the "intentional tort" exception to the rule that workers' compensation is the exclusive remedy for a worker's injury applied in this case. Glockzin v. Nordyne, Inc., 815 F.Supp. 1050, 1992 U.S. Dist. Lexis 8059 (United States District Court for the Western District of Michigan)
- What is the exclusive remedy rule of workers' compensation? What is the intentional tort exception to this rule?
- Did Nordyne's management violate its ethical duty by not providing safer testing equipment?
- Do you agree with the outcome of the case? Why or why not?
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