Attorneys obtained a dismissal of a lawsuit in which an employee lost several fingers while operating a table saw at work

Attorneys obtained a dismissal of a lawsuit in which an employee lost several fingers while operating a table saw at work. Plaintiff argued that the conduct of the employer, specifically the alleged removal of a safety guard from the blade of the table saw and the failure to provide training, was sufficient to establish liability against the employer and to overcome the exclusivity bar of the Workers Compensation Act. In support of his position, Plaintiff retained an expert who concluded that the accident was substantially certain to occur. In dismissing the case, the Judge concluded that there was no evidence that the employer knew with 'substantial certainty' that its actions would cause injury and/or that the industrial equipment involved in this accident created a risk that was beyond the contemplation of the Legislature when enacting the Workers Compensation Act.