 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Meyer v. Burger King Corp.6/23/2000
the trial court properly denied Sonrise's motion for judgment on the pleadings.
Finally, Sonrise makes a policy argument that allowing claims for prenatal injuries 'eliminates the only protection employers have for possible workplace fetal injuries, since they cannot legally minimize their exposure by discriminating against women of childbearing age.' But this contention overlooks the hurdle a plaintiff faces in establishing the elements of negligence. The United States Supreme Court succinctly responded to Sonrise's concern in International Union, United Auto. v. Johnson Controls, Inc., 499 U.S. 187, 111 S. Ct. 1196, 113 L. Ed. 2d 158 (1991), stating:
Without negligence, it would be difficult for a court to find liability on the part of the employer. If, under general tort principles, Title VII{} bans sex-specific fetal-protection policies, the employer fully informs the woman of the risk, and the employer has not acted negligently, the basis for holding an employer liable seems remote at best. International Union, 499 U.S. at 208.
Similarly, here, to prevail on these claims, the Meyers will have to establish Sonrise's negligence.
Accordingly, we affirm and remand for further proceedings.
Seinfeld, J.
We concur:
Morgan, P.J.
Houghton, J.
Page 1 2 3 4 5 6 7 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|