Fryer v. Kranz

Contractor Clint Kranz (defendant) employed Kathy Fryer (plaintiff) to clean tile floors using undiluted muriatic acid, despite the product's warning label -- unreadable when Fryer received it -- specifying dilution and exterior-only use; Kranz demonstrated by pouring the undiluted acid directly onto the interior floor, gave Fryer gloves and a small fan, but never warned her of the dangers despite having used the product before. Over four weeks of regular use, Fryer experienced nausea, light-headedness, and breathing difficulty, was eventually hospitalized, and sued Kranz for her ongoing injuries; Kranz moved for summary judgment arguing workers' compensation was her exclusive remedy, the trial court found a fact issue on whether Kranz committed an intentional tort, and Kranz appealed.