A UPS driver, who injured his back when he picked up a box whose weight had been mislabeled by a university employee may not maintain a lawsuit against the university for negligence; the risk of injury from lifting heavy boxes that might be labeled with inaccurate...
While a business entity’s injured employees might state a claim against third parties for their physical injuries allegedly caused by those third parties’ negligence, the business entity itself, which has suffered neither a physical injury nor property...
A negligence action filed by a teacher’s aide against her employer and an assistant principal following an incident in which the aide was assaulted and beaten by a student was barred by the exclusive remedy provisions of New York’s Workers’ Compensation...
Stating the general rule, that for purposes of the N.Y. Workers’ Compensation Law, the receipt of workers’ compensation benefits from a general employer precludes an employee from commencing a negligence action against the special employer, a New York appellate...
In a personal injury case involving a workers’ compensation nonsubscriber, a Texas appellate court affirmed, for the most part, a judgment favoring an employee who sustained injuries when he was struck by a bundle of large-gauge wire used to make springs...
The Fifth Circuit Court of Appeals affirmed a federal district court’s grant of summary judgment in favor of a borrowing employer who had been sued by its borrowed employee, a welder, after the welder sustained injuries when gasses exploded while he was performing...
A civil action was filed by plaintiff and his spouse against plaintiff’s co-employee and the co-employee’s father for injuries the plaintiff sustained when he was struck by a car driven by the co-employee as plaintiff walked across their employer’s parking lot...
Where a parent corporation paid workers’ compensation benefits for employees of a subsidiary, it enjoyed immunity from negligence claims under 820 ILCS 305/5(a) (2012) only if it was under a legal obligation to pay the benefits, held an Illinois appellate...
As is the case in a number of states, Delaware allows an injured employee of an uninsured employer two avenues of relief: (a) to pursue workers’ compensation benefits against the employer with the Industrial Accident Board, and (b) to sue the employer in...
Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows the injured employee...
Citing Garcia v. Pittsylvania County Service Authority , 845 F.2d 465 (4th Cir. 1988), the Fourth Circuit Court of Appeals affirmed a federal district court’s dismissal, on exclusive remedy grounds, of a negligence action filed by a North Carolina construction...
Here’s the fourth batch of advanced postings for the January 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved...
In Texas, an employer that causes the death of an employee due to the employer’s gross negligence or intentional acts or omissions is subject to suit for exemplary damages brought by the surviving spouse or heirs of the deceased employee [see Tex. Labor Code...
Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general contractor on a construction...
Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions...