A California appellate court recently affirmed a trial court’s summary judgment favoring an employer in an intentional tort action filed by an employee who sustained severe injuries while loading material onto a die in a power press. The employee... Read More
The Supreme Court of Utah affirmed a trial court’s determination that fatal injuries sustained in a vehicular accident involving an automobile being driven by the decedent’s co-worker, Giguere, and in which the decedent was a passenger were... Read More
A temporary employee of a staffing agency who was assigned to a tractor supply company was an “employee” of the latter and accordingly could not sue the supply company in tort following a work-related accident. The record showed that at the... Read More
Where an employee working for a subsidiary of AT&T, Inc. tripped and fell over the snow-covered legs of a construction sign placed in a walkway adjacent to an ongoing construction project at the AT&T building in downtown Indianapolis, she could... Read More
A worker who has a dispute about collecting a worker's compensation award must rely upon civil remedies and does not have an independent tort claim to recover punitive damages and pain and suffering, according to a new decision from the court of appeals... Read More
The Supreme Court of California, in a split decision, held that in-home caregivers may not maintain civil actions against their Alzheimer’s patients if, because of the sometimes unruly nature of the patients, the caregiver is assaulted and injured... Read More
An Ohio court affirmed a trial court’s summary judgment in favor of a defendant who had been sued by a co-employee who sustained injuries in a bizarre accident that occurred in the employer’s parking lot. The two employees had completed their... Read More
An Illinois appellate court recently held that workers’ compensation law’s “traveling employee” doctrine may not be extended into the tort law arena so as to support a claim that an employer was liable, upon respondeat superior... Read More
Citing earlier precedent from the state’s Supreme Court, the Court of Appeals of Indiana held that for purposes of the Workers’ Compensation Act a “leased” or temporary employee is generally considered the joint employee of both... Read More
A Louisiana parish sheriff’s office that administered a work release program, pursuant to which a prisoner worked for the parish “police jury” as a “hopper” on a garbage truck, was not the prisoner’s employer and did... Read More
Attention Lexis Online Subscribers: Citations below link to lexis.com. Bracketed citations link to Lexis Advance . During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers’... Read More
LAS VEGAS, NV – In tort actions dating back to October 12, 2005, fought by ScripNet in Nevada Federal Court, Texas Federal Court, Texas State District Court, and the Texas State Court of Appeals, and following victories by ScripNet in each of the... Read More
Larson’s Spotlight on Exclusivity/Slip & Fall Injury, Ex Parte Communication, Cancellation Notice, Hostages in Prison Break, and Fraud. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff... Read More
Larson’s Spotlight on Preferred Provider Organizations, Recreational Event, Mental-Mental Injuries, and Tactical Delays. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s... Read More