Reference no: EM131006929

An employee of a company that manufactures plastic drainage tubing was severely burned by hot plastic in an explosion and died several days later. On the day of the accident, another opera- tor noticed that hot molten plastic appeared to be leaking from a screen changer. The foreman instructed the operator to shut down the line so that certain bolts could be replaced. The plastic extruder was shut down, and the electrical heat- ers in the area of the repair were turned off. However, heaters located approximately five feet away were left on. The manufacturing line was separated at the screen changer, leaving an open end of pipe. The employee came over to where the repairs were being done to offer assistance. It was company policy that employees should do so when their own duties were completed. The offer was declined by the other operator, but while the employee was still within about three feet of the open pipe, an explosion occurred and the employee was sprayed with hot plastic, eventually resulting in his death. The deceased employee's widow brought a tort claim against the employer. What should the court decide? Why? (Gibson v. Drainage Products, 95 Ohio St. 3d 171 (2002))