LexisNexis® Legal Newsroom
LA: Receptionist’s Alleged Rape by Lawyer Not Barred by Exclusive Remedy Rule

LA: Receptionist’s Alleged Rape by Lawyer Not Barred by Exclusive Remedy Rule LAKE CHARLES, LA - The Third Circuit Court of Appeal has ruled that a receptionist could sue her former employer for negligence, this after she alleged she was raped by one of the partners after business hours during...

TN: Court Rules Companies Subcontracting Part of Principal Business Immune From Negligence Claims by Subcontractor Employees

Memphis, TN (CompNewsNetwork) - On May 28, 2010 the Tennessee Court of Appeals issued its decision in Griffith v. Jellico Community Hospital, Inc., holding that Jellico qualified as a principal contractor (and thus a statutory employer) to an employee of a subcontractor (Aramark) that maintained Jellico’s...

Connecticut: “Payloader” Is Not Motor Vehicle for Purposes of Special Rule Allowing Tort Action Against Fellow Employee

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 to proceed in tort against...

New York: Injured Employee’s Negligence Action Against Co-Employee and Co-Employee’s Father (as Owner of Vehicle) Are Barred by Exclusiveness

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 after checking out for...

Federal: Negligence Action Filed by Teacher’s Aide Against School Following Assault by Student Is Barred by Exclusive Remedy Defense

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 Law, held a federal district...

Federal: Leased Employee May Not Sue Leasing “Employer”

Where corporation A supplied licensed truck drivers to corporation B—an affiliated entity—under a three-year agreement under which the drivers worked at B’s facilities, but remained employees of A, who paid the drivers their wages and taxes, and retained total control over labor negotiations...