## Facts

- Jeffrey DePiano, a minor-league outfielder for the Jamestown Expos, injured his shoulder on July 2, 1984 while pursuing a fly ball into the left-field fence at Ainsworth Field in Erie, Pennsylvania.
- DePiano alleged the injury ultimately ended his professional baseball career.
- He sued the field owner and groundskeeper for negligence related to field conditions; those claims were settled.
- He also sued Jamestown Baseball Club (his team) and Montreal Baseball Club, Ltd. (the parent club), alleging they failed to provide timely and adequate medical care and required him to continue playing despite the injury.
- DePiano claimed continued play aggravated his shoulder injury, and that the team kept him in the lineup due to a shortage of outfielders.

## Issues

1. Whether DePiano produced sufficient evidence that Jamestown and Montreal intentionally injured him, bringing his claim within New York’s narrow intentional-tort exception to workers’ compensation exclusivity.
2. Whether, absent evidence of intent to cause harm, DePiano’s claims against his employer-clubs were barred by the exclusivity provision of New York’s Workers’ Compensation Law.

## Decision

- The court granted summary judgment for Jamestown Baseball Club and Montreal Baseball Club, Ltd.
- The court held the record lacked evidence that either employer acted with a desire to bring about DePiano’s injury or its aggravation.
- Because the intentional-tort exception did not apply, DePiano’s exclusive remedy against his employer-clubs was workers’ compensation, barring the civil action.

## Legal Principles

- Under New York law, workers’ compensation generally provides the exclusive remedy for workplace injuries against an employer.
- The intentional-tort exception is narrowly limited to intentional or deliberate employer conduct undertaken with the desire to cause the harmful consequences.
- Employer conduct that reflects knowledge of risk, indifference, poor medical judgment, or even gross negligence does not establish the intent required to escape workers’ compensation exclusivity.
- On summary judgment, if the evidence would not permit a reasonable jury to find the requisite intent to injure, the court must enter judgment for the employer.

## Conclusion

The court concluded that allegations the clubs kept DePiano playing while injured and failed to provide adequate medical care described, at most, negligent or reckless conduct rather than a purposeful intent to harm; therefore, New York workers’ compensation exclusivity barred the claim and summary judgment was warranted for the employer-clubs.


DePiano v. Montreal Baseball Club, Ltd., 663 F. Supp. 116 (W.D. Pa. 1987)