LexisNexis® Legal Newsroom
Illinois: “Dual Capacity/Persona” Tort Action Against Morgan Stanley Fails

Applying the state’s two-prong test to determine if the “dual capacity doctrine” could be utilized as an exception to the exclusive remedy provisions of the Illinois Workers’ Compensation Act, a state appellate court recently held that the surviving spouse of a deceased Morgan...

Federal: Hospital Employee, Injured in Slip & Fall While Visiting Newborn Daughter, May Sue Employer in Tort

Construing Massachusetts law, a federal district court recently denied an employer’s motion for summary judgment in a negligence action filed against the employer—a medical center—by an employee who slipped and fell on a wet floor in the medical center’s Neonatal Intensive Care...

Montana: Warehouse Manager’s Dual Capacity Action Against Boss/Owner of Building Fails

A warehouse manager of a carpet company, who sustained injuries while assembling carpet racks in a newly constructed warehouse, could not maintain a civil action in negligence against the owners of the warehouse—a husband and wife—where the husband was the sole shareholder of the carpet company—and...

Pennsylvania: Dual Capacity Tort Claim Fails Against Boss Who Owned Both the Bar and the Building

A Pennsylvania appellate court affirmed a trial court’s entry of a compulsory non-suit in plaintiff’s civil action filed against the defendant premises owner on the grounds that the lawsuit was barred by the exclusive remedy provisions of the Pennsylvania Workers’ Compensation Act....

North Carolina: Employee’s Tort Action Against Plant Nurses Fails Because of Exclusive Remedy Defense

The Court of Appeals of North Carolina affirmed a dismissal of a plaintiff-employee’s medical malpractice action against two registered nurses who were employed at a packing company’s medical clinic where it appeared the plaintiff was also a packing company employee and she had sought treatment...

New York: Premises Owner/Employer Might Be Liable for Negligence in Parking Lot Injury

A New York employer, who, in her individual capacity, also owned the building where the employer and other tenants leased space, was not entitled to summary judgment on the employee’s negligence claim since questions of fact existed concerning whether the parking lot area—where the employee...