Theodore Lucio, et al v. Levy Environmental Srvs Co., et al


Per Curiam OPINION filed : AFFIRMED, decision not for publication. Alan E. Norris, Circuit Judge; Julia Smith Gibbons, Circuit Judge and John M. Rogers, Circuit Judge.

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Case: 16-3403 Document: 33-1 Filed: 11/30/2016 Page: 1 NOT RECOMMENDED FOR PUBLICATION File Name: 16a0635n.06 No. 16-3403 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT THEODORE LUCIO, et al. Plaintiffs-Appellants, v. LEVY ENVIRONMENTAL SERVICES COMPANY, et al. Defendants-Appellees. BEFORE: ) ) ) ) ) ) ) ) ) ) ) FILED Nov 30, 2016 DEBORAH S. HUNT, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO 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 Case: 16-3403 Document: 33-1 Filed: 11/30/2016 Page: 2 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). -2-

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