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....