Yes, the defendant “intentionally” coded a key record in a certain way. But that “intentional” action did not establish an “intent” to harm the victim of an industrial accident:

“Populars fails to show that Trimac knew it mislabeled the tanker. It is not enough that Trimac intentionally coded into its system that the tanker contained MDI. Doing so may have been reasonable, negligent, or reckless … [but Populars instead needed to demonstrate that Trimac (or a reasonable company in Trimac’s position) knew this designation was wrong, and, therefore, knew that Populars’s injury was inevitable. Despite claiming that ‘Trimac knew it possessed chemicals that would produce a violent exothermic reaction when mixed together,’ Populars points to no evidence to support that assertion.”

Populars v. Trimac Transportation, Inc., No. 22-30413 (Jan. 3, 2023, unpublished) (emphasis in original).

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