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Merrick v. Bredero Price Co.9/25/2001
address Merrick's intentional tort claim. Thus, it appears that the Merrick's intentional tort claim, which was not the subject of Bredero's Motion for Summary Judgment and was not addressed at the hearing on Bredero's Motion for Summary Judgment, should not have been dismissed. Accordingly, we remand for further proceedings on Merrick's intentional tort claim.
Based on the foregoing, the judgment of the trial court is hereby affirmed with respect to Bredero's status as statutory employer. This matter is remanded with respect to Merrick's intentional tort claim. Costs of this appeal are assessed equally to Merrick and Bredero.
AFFIRMED IN PART; REMANDED IN PART.
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