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Home / Courts / Tort/Negligence – Shredder – Woodson Claim – Underage Employee – Missing Guard – ‘Substantially Certain’ (access required)

Tort/Negligence – Shredder – Woodson Claim – Underage Employee – Missing Guard – ‘Substantially Certain’ (access required)

Valenzuela v. Pallet Express, Inc. The estate of a teenager who was killed while operating a shredder could not escape the workers' comp regime and state a Woodson claim for negligence against his employer, even though the decedent was too young to operate the heavy machinery and a safety guard had been removed. The reason: There was no evidence that the employer knew its actions were substantially certain to cause serious injury or death. Summary judgment for the defendants is affirmed.

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