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Guy v. Mitchell3/1/2002
The plaintiffs, Kathy Guy ("Guy") and her husband, William Guy, appeal a trial court's judgment in favor of her employer, Fibrebond Corporation ("Fibrebond"). The trial court granted the employer's motion for summary judgment, dismissing plaintiffs' personal injury claims. The court found that plaintiff Guy's exclusive remedy was in worker's compensation. For the reasons set forth below, we affirm.
FACTS AND PROCEDURAL HISTORY
In October 1994, Kathy Guy was employed at Fibrebond as an exterior finisher. On the morning of October 26, 1994, Guy was looking for her supervisor, Mona Blackwell. Guy asked her co-employee, Roderick Mitchell ("Mitchell"), if he knew Blackwell's whereabouts. Mitchell responded "I don't know and I don't give a damn." When Guy located Blackwell, she told Blackwell of her exchange with Mitchell, and Blackwell stated that she would speak to Mitchell about his comment. Guy returned to her work area. A short time later, Mitchell angrily approached Guy and confronted her with regard to her report to the supervisor. Although Guy attempted to withdraw from the confrontation, Mitchell continued to verbally abuse her and ultimately struck her in the head and neck region, injuring her and knocking her to the floor.
Initially, Guy asserted a workers' compensation claim for indemnity benefits and medical payments arising out of the incident with Mitchell, and Fibrebond paid her over $9,400 under her workers' compensation claims. However, in October 1995, Guy and her husband filed a personal injury lawsuit against Mitchell and Fibrebond. In their petition, plaintiffs averred that Guy's injuries were caused by Mitchell's intentional act of striking Guy. They also averred that at the time of the incident, both Guy and Mitchell were at their place of employment and were engaged in activities in the course and scope of their employment. They asserted that Fibrebond was vicariously liable for Mitchell's intentional tort against Guy.
Fibrebond filed a motion for summary judgment, asserting that Guy's sole remedy was a claim for workers' compensation benefits. With respect to the plaintiffs' allegation that Fibrebond was vicariously liable for Mitchell's act, Fibrebond essentially asserted that Mitchell's alleged tortious conduct resulted from purely personal considerations, was not within the ambit of his assigned duties, did not further Fibrebond's objectives and was not sufficiently connected to his employment duties so as to be regarded as a risk of harm fairly attributable to Fibrebond.
In opposition to the motion for summary judgment, the plaintiffs argued that Mitchell's violence was primarily an employment-related act. While plaintiffs admitted that Mitchell's actions did not benefit Fibrebond, they asserted that Mitchell reacted because Guy reported him to the supervisor, initiating the "derogatory exchange" between Guy and Mitchell. Plaintiffs argued that an employment-related nexus for the assault and battery was established by Mitchell's reprimand by his supervisor, and the reprimand was an act within the supervisor's job duties. The plaintiffs further argued that because fighting and workplace violence were specifically prohibited at Fibrebond, the possibility of physical altercations was a risk of harm "fairly attributable to Fibrebond's business." The trial court rejected the plaintiffs' arguments and granted summary judgment in favor of Fibrebond. The plaintiffs appeal.
DISCUSSION
The plaintiffs contend the trial court erred in granting summary judgment. They argue the trial court erred when it concluded that there was no evidence to support the plaintiffs' allegation that the intentional tort committed b
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