In Johnson v. Cincinnati Insurance Co., 10th Dist. No. 12AP – 966, 2013 – Ohio – 2749, an employee died after falling from improperly secured scaffolding. The employer did not order the deceased employee to perform the work on the scaffolding, although co-workers testified they thought they should perform such work to stay busy. The court of appeals upheld the trial court’s summary judgment decision dismissing the case. The court of appeals held the employer did not deliberately intend to harm the deceased employee because the employer did not specifically instruct him to work on the scaffolding. This case illustrates the limitations on intentional tort lawsuits in Ohio.