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 using bare metal alligator type clips to attach one of two wire leads from the testing equipment to each side of an 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. His 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. Does the “intentional tort” exception to the rule that workers’ compensation is the exclusive remedy for a worker’s injury apply in this case? Has Nordyne’s management violated its ethical duty by not providing safer testing equipment? Glockzin v. Nordyne, Inc., 815 F. Supp. 1050, 1992 U. S. Dist. Lexis 8059 (United States District Court for the Western District of Michigan)