Illinois: “Dual Capacity/Persona” Tort Action Against Morgan Stanley Fails

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 Stanley employee killed in a private aircraft crash could not maintain a wrongful death action against Morgan Stanley or the estate of a co-employee who had been piloting the plane at the time of the crash based on that theory.  Quoting from multiple points within Larson’s Workers’ Compensation Law, and citing Ocasek v. Krass, 153 Ill. App. 3d 215, 505 N.E.2d 1258, 106 Ill. Dec. 467 (1987), the court indicated that “the mere fact that the employer, as an individual, pilots an airplane, drives a car, or performs such other functions which impose upon him the duty to exercise due care, does not serve to endow him with a second legal persona so completely independent from and unrelated to his status as an employer.”

Reported by Thomas A. Robinson, J.D.

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See Garland v. Morgan Stanley & Co., 2013 Ill. App. LEXIS 621 (Sept. 12, 2013) [2013 Ill. App. LEXIS 621 (Sept. 12, 2013)

See generally Larson’s Workers’ Compensation Law, § 113.01 [113.01]

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

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