Dominick Lucenti v. Greg Laviero

Summary

The court affirmed summary judgment for the employer, holding that the employee failed to present evidence creating a genuine issue of material fact as to whether the employer subjectively believed that operating a modified excavator was substantially certain to cause injury. Warnings that the excavator was dangerous, without evidence of prior accidents, prolonged safety violations, deception, coercion, or comparable misconduct, did not overcome the workers’ compensation exclusivity bar. Justices Eveleigh and Rogers, dissenting, would have held that the warnings and surrounding circumstances required submission of the issue to a jury, while Justice Palmer, concurring, emphasized the employer’s repeated personal use of the excavator.