This section contains the nature of the case and procedural background.

Parret (P), an employee of UNICCO Service Company (D), was electrocuted while replacing emergency lights at the Dayton Tire Plant owned by Bridgestone/Firestone, Inc. (D1). P died and his widow received workers' compensation death benefits. D1 with plants in the United States, Canada, Mexico, and Costa Rica and hired D, an independent contractor, to provide a wide range of maintenance services at its Oklahoma tire plant. The evidence is contested whether P and other D employees were required to work on the emergency light system while it was 'hot,' or without turning the electricity off, knowing the employees were unable to de-energize the 227-volt electrical system and that death was substantially certain to occur. A dispute developed whether Ds' conduct rose to the level of intentional conduct sufficient to maintain an action in tort, notwithstanding the exclusive remedy provision of Oklahoma's Workers' Compensation Act.

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