Lucio v. Levy Environmental Services Co. , 670 F. App'x 889 ( 2016 )

NOT RECOMMENDED FOR PUBLICATION
File Name: 16a0635n.06
No. 16-3403
UNITED STATES COURT OF APPEALS FILED
FOR THE SIXTH CIRCUIT Nov 30, 2016
DEBORAH S. HUNT, Clerk
THEODORE LUCIO, et al. )
)
Plaintiffs-Appellants, )
)
ON APPEAL FROM THE
v. )
UNITED STATES DISTRICT
)
COURT FOR THE
LEVY ENVIRONMENTAL SERVICES )
NORTHERN DISTRICT OF
COMPANY, et al. )
OHIO
)
Defendants-Appellees. )
)
BEFORE: NORRIS, GIBBONS, and ROGERS, Circuit Judges.
PER CURIAM. In this diversity employee-injury case, plaintiff Theodore Lucio appeals
the grant of summary judgment for defendant Levy Environmental Services Company and its
affiliated entities. Lucio fell from a slag-mill tower owned by Levy and suffered serious and
permanent injuries. He received Ohio workers’ compensation benefits, but also brought suit
against Levy under Ohio Rev. Code § 2745.01, which allows an employee to recover outside the
workers’ compensation system for an employer’s intentional tort. The district court excluded the
opinion of Lucio’s expert in part, and granted summary judgment for lack of evidence of intent
to injure on the part of Levy. After carefully reviewing the record, the applicable law, and the
parties’ briefs, we conclude that the district court’s opinion correctly sets out the facts and
governing law. Because this court’s issuance of a full opinion would serve no jurisprudential
purpose and would be duplicative, we affirm on the basis of the well-reasoned opinion of the
No. 16-3403, Theodore Lucio et al. v. Levy Environmental Srvs. Co. et al.
district court. Lucio v. Levy Environmental Services Co., No. 3:14CV1849, 2016 WL 1110244(N.D. Ohio Mar. 22, 2016).
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