Ruling underscores how high the bar is for employer liability when workplace violence strikes
An Ohio appeals court upheld the dismissal of an employer intentional tort claim arising from a workplace shooting that left seven employees shot.
In a decision handed down on March 31, 2026, the Fifth Appellate District of Ohio affirmed the dismissal of a claim filed by Nicholas Harris against his employer, Tri-Tech Laboratories, LLC, which does business as KDC/one. Harris had sued after a fellow employee, Bruce Foster, allegedly brought a firearm into their workplace in New Albany, Ohio, on February 4, 2025, and shot Harris along with six coworkers.
Harris filed his complaint in June 2025, claiming that Tri-Tech committed an employer intentional tort under Ohio Revised Code 2745.01. His complaint alleged that the company permitted Foster on the work premises with a firearm, permitted Foster on the premises in an intoxicated and unstable mental condition, failed to provide adequate security for its employees, maintained inadequate hiring, training, monitoring, and supervision practices, and permitted and promoted a hostile and unsafe work environment.
Tri-Tech moved to dismiss the case, arguing that Harris had not alleged that the company acted with deliberate intent to cause injury. The Licking County Court of Common Pleas agreed and dismissed Harris's claim in September 2025, finding that the complaint did not contain facts supporting the conclusion that the employer either...
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