Tag Archives: intentional tort

Vermont High Court Again Refuses to Utilize “Substantial Certainty” Exception for Intentional Injury Cases

Reiterating its decision in Kittell v. Vermont Weatherboard, Inc., 138 Vt. 439, 417 A.2d 926 (1980) (per curiam), in which the Supreme Court of Vermont held that nothing short of a specific intent to injure falls outside the scope of … Continue reading

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NC Worker’s Tort Claim Against Insurer for Malicious Prosecution May Move Forward

While a workers’ compensation insurer generally enjoys the same sort of immunity from tort liability afforded the employer [see Larson’s Workers’ Compensation Law, § 100.01], there are limits to that immunity. A decision issued Tuesday illustrates those limits. There, the … Continue reading

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US: Establishing “Substantial Certainty” in Intentional Tort Cases is Difficult

Construing La. Rev. Stat. § 23:1032, which generally provides that workers’ compensation is the exclusive remedy of an employee injured within the course and scope of the employment unless the act causing the injury was an intentional act, and observing … 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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Nebraska: High Court Affirms Dismissal of Intentional Tort Action Filed Against Employer That Violated Multiple OSHA Regulations; Action Barred by Exclusive Remedy Defense

The Supreme Court of Nebraska recently affirmed a decision of a county district court that had dismissed a tort action filed against the defendant-employer by the estate of an employee who died of asphyxiation after being engulfed in grain inside … Continue reading

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Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain”

In a workers’ compensation immunity case, the Court of Appeal of Florida (Fourth District) yesterday reversed a $2.7 million jury verdict and final judgment in favor of an employee who suffered an amputation of a significant portion of his dominant … Continue reading

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Oklahoma: Supreme Court Reverses Court of Appeals in “Substantially Certain” Case

In what will likely be one of the last cases to be heard under Oklahoma’s court-crafted version of the “substantially certain” rule [see Larson’s Workers’ Compensation Law, § 103.04[2][e]] that allows an injured employee to sue the employer for an … Continue reading

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US: 2010 Statutory Amendment Spelled “Certain” Demise of Oklahoma’s “Substantially Certain” Rule in Intentional Injury Actions Against Employers

An important exception to the exclusive remedy rule relates to intentional injury inflicted by the employer on an employee. Several legal theories have been advanced to support the exception. The best is that the employer will not be heard to … Continue reading

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