Tag Archives: co-employee immunity

“Fore”: Country Club Locker Room Attendant Struck in Groin by Golf Club Shaft May Sue Co-Employee

A locker room attendant at a Queensbury country club, who had his left testicle surgically removed following a bizarre incident in which the attendant was struck in the groin by a golf club shaft wielded by the country club’s general … Continue reading

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New Mexico High Court Blocks Estate’s Attempt to Go After Employer’s Uninsured Motorist Coverage

No Coverage Where Tortfeasor Was Co-Employee Answering a question certified to it from a federal district court sitting in New Mexico, that state’s Supreme Court held that an employee injured in the course of the employment by a co-employee operating … Continue reading

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Iowa Sole Proprietor Working Alongside Others is Still Employer For Purposes of Workers’ Compensation Exclusive Remedy Defense

An Iowa sole proprietor, who worked alongside his employees, was nevertheless still an employer—and not a co-employee—for purposes of the Iowa Workers’ Compensation Act, held a state appellate court [Mullen v. Grettenberg, 2015 Iowa App. LEXIS 927 (Oct. 14, 2015)]. … Continue reading

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Ohio Worker Injured Having “Kick Ass Time” May Not Sue Co-Worker

An Ohio restaurant employee may not pursue a negligence action against a co-worker for personal injuries sustained in a golf cart accident that occurred on an island resort where the women, along with other co-workers, attended their employer’s “Kitchen Managers … Continue reading

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Wyoming: Employee’s Intentional Tort Action Against Supervisors Fails

Construing the intentional injury exception to the exclusive remedy provisions of the Wyoming Workers’ Compensation Act [Wyo. Stat. Ann. § 27–14–104(a) (LexisNexis 2013)], the state’s Supreme Court recently affirmed a trial court’s grant of summary judgment favoring two co-employee supervisors … Continue reading

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North Carolina: Intentional Tort Action Against Wal-Mart Related to Death of Wal-Mart “Greeter” Barred by Exclusivity

On Tuesday, the Court of Appeals of North Carolina affirmed a trial court’s order granting various defendants’ motions for summary judgment on exclusivity grounds in a wrongful death action filed by the administratrix of the estate of a Wal-Mart employee … Continue reading

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Kentucky: Teacher’s Tort Action Against Snake-Handling Assistant Principal Barred by Exclusivity

The Court of Appeals of Kentucky recently affirmed a state trial court’s summary judgment in favor of a high school assistant principal and a county board of education in a civil action filed by a high school teacher/administrator (and her … Continue reading

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Maryland: Supervisor May Be Sued By Co-Employee re: Parking Lot Vehicular Accident

All but four states (Arkansas, Missouri, Maryland, Vermont, plus the Virgin Islands) extend immunity from tort liability not only to the employer, but co-employees, at least as long as the co-employee is acting within the course and scope of his … Continue reading

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North Carolina Teacher’s Tort Action Against Principal Who Prankishly Sprayed Her in Face With Fire Extinguisher May Move Forward

In a split decision, the Court of Appeals of North Carolina, in Trivette v. Yount, 2011 N.C. App. LEXIS 2598 (Dec. 20, 2011), has affirmed an order of a state trial court that denied a motion to dismiss and alternatively … Continue reading

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