Tag: dual capacity

Jul 18, 2022

Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury

Observing that in Kansas, like a number of other states, an employer may be liable in tort as a “third-party tortfeasor” if the employer has obligations to the employee independent...

Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury Kansas Court Says Dual Capacity Doctrine Not Applicable Where Employer Manufactured Machine Causing Employee’s Injury
Sep 26, 2019

Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity Doctrine

A products liability/strict liability and negligence action filed by an employee against an employer based upon the employer’s earlier merger with the firm that had manufactured the allegedly defective product...

Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity Doctrine Federal Court Nixes SD Employee’s Attempted Use of Dual Capacity Doctrine
May 22, 2019

NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment

A North Carolina worker, who alleged that he was negligently diagnosed and treated by his employer’s plant nurse after suffering a stroke at work, may proceed in tort against that...

NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment NC Worker May Proceed in Tort Against Employer and Plant Nurse for Negligent Treatment
Mar 16, 2018

Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine

Certified Question From Tenth Circuit re: “Dual-Capacity” A divided Supreme Court of Oklahoma, responding to a question certified to it by the Tenth Circuit Court of Appeals, has held the...

Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine Oklahoma Supreme Court: Parent Corporation Not Always Shielded by Exclusive Remedy Doctrine
Sep 19, 2013

Illinois: Wrongful Death Action Against Employer Alleging “Dual Capacity” Fails

Extensively quoting from Larson’s Workers’ Compensation Law and reiterating the state’s two-prong test to invoke the so-called “dual capacity doctrine” as an exception to the exclusive remedy provided by the...

Illinois: Wrongful Death Action Against Employer Alleging “Dual Capacity” Fails Illinois: Wrongful Death Action Against Employer Alleging “Dual Capacity” Fails
Feb 16, 2013

South Carolina: Supreme Court Adopts Larson’s “Dual Persona” Doctrine

Answering a question certified to it by the U.S. District Court for the District of South Carolina, the Supreme Court of South Carolina, in Mendenall v. Anderson Hardwood Floors, Inc.,...

South Carolina: Supreme Court Adopts Larson’s “Dual Persona” Doctrine South Carolina: Supreme Court Adopts Larson’s “Dual Persona” Doctrine
Oct 19, 2012

Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer Fails

In a recent decision by the Appellate Court of Illinois, Second District, Hilgart v. 210 Mittel Drive Partnership, 2012 Ill. App. LEXIS 850 (Oct. 17, 2012), the court held that...

Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer Fails Illinois: Injured Employee’s “Dual Capacity/Dual Persona” Claim Against Corporate Officers of Employer Fails