Workers' Compensation

United States: Teacher May Not Sue School for Injuries Sustained in Breaking Up Student Fight

Construing Minnesota law, the Eighth Circuit Court of Appeals affirmed a federal district court’s decision to grant summary judgment in favor of a Minnesota school district that had been sued by a teacher who sustained serious injuries when he attempted to break up a student fight in a school cafeteria. The Eighth Circuit agreed that the only duty the plaintiff-teacher argued had been breached was the employer’s duty to provide a safe workplace. The Court acknowledged the intentional tort exception to the exclusive remedy doctrine but noted that the teacher had alleged no facts that could rise to the level of intentional tort.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Ekblad v. Independent Sch. Dist. No. 625, 2018 U.S. App. LEXIS 22017(Aug. 8, 2018)

See generally Larson’s Workers’ Compensation Law, § 100.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law