A New Jersey appeals court on Wednesday reinstated an intentional tort claim filed by a worker alleging he was injured because of an “intentional wrong” committed by his employer.
The three-judge Appellate Division panel, in an unpublished decision in Soto v. ICO Polymers North America, said there was enough evidence to indicate that the company failed to fix safety violations at its Asbury facility that eventually led to an explosion that severely injured the employee, Medwin Soto, who is seeking to overcome the bar on tort claim recoveries normally imposed on workers’ compensation beneficiaries.
