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Gunderson v. Harrington9/6/2001
didn't know if Harrington might have hit her out of frustration but without intending to hurt her. As the only other evidence in the record of Harrington's intent is his denial of an intent to injure, Gunderson's testimony clearly is the evidence most favorable to her claim. We are compelled to conclude that Gunderson's belief that Harrington did not intend to hurt her, her statement that she didn't know if he intended to hurt her, and her conflicting beliefs as to the July 10 incident do not create genuine issues of material fact of Harrington's intent to injure her to oppose summary judgment. "A genuine issue of material fact for trial must be shown by substantial evidence." Brookfield, 609 N.W.2d at 874. The evidence most favorable to Gunderson's claim falls short of the substantial evidence standard.
While the evidence supports a finding that Harrington's conduct was inappropriate, Gunderson has failed to present sufficiently probative evidence to establish the existence of a genuine issue of material fact for trial on the question of whether Harrington acted with a conscious and deliberate intent to inflict physical injury. We hold that Gunderson has failed to raise a genuine issue of material fact regarding an essential element necessary to maintain an action under the intentional injury exception—that Harrington acted with a conscious and deliberate intent to inflict injury. Therefore Gunderson may not maintain a common law action for damages under the intentional injury exception to the exclusive remedy provided by the WCA.
Affirmed.
DISSENT
GILBERT, Justice (dissenting)
I respectfully dissent from the majority's opinion. This case arises from the district court's granting of a motion for summary judgment. The court ruled that a co-employee's intentional tort claims against a sole shareholder of a corporation who undisputedly committed the tort were precluded by the exclusive remedy provision of the WCA, and that the assaults were not intentional torts subject to the intentional torts exception of the exclusive remedy provision. The court of appeals held that an "employer" does not lose the protection of the exclusive liability provision of the WCA by choosing to incorporate.
By affirming decisions of the district court and court of appeals, the majority permits a co-employee/sole shareholder of a closely held corporation to use the WCA to shield himself from liability for intentional assaults on another employee. It is hard to fathom that the legislature intended such a result. Doing business in the corporate form does establish some limits of liability for shareholders, even sole shareholders, and this is often a reason for incorporation. Victoria Elevator Co. v. Meriden Grain Co., 283 N.W.2d 509, 512 (Minn. 1979). A corporation is generally considered a legal entity separate from the shareholders. Milwaukee Motor Transp. Co. v. Comm'r of Taxation, 193 N.W.2d 605, 608, 292 Minn. 66, 71 (1971). The corporation owns its own property, and it must answer for its own contractual obligation and tort liabilities. Id. As Gunderson points out, the corporate entity Harrington Orthodontics generally shields Dr. Mark Harrington, D.D.S. from personal liability for actions by creditors and others. Harrington Orthodontics issued Gunderson's paychecks, and if Gunderson were to be owed wages or benefits, she would not be able to maintain an action against Harrington personally. The corporate entity would be considered the employer liable for the wages owed. The court of appeals' holding is boldly asserted without authority. The definition of employer should not change for the purpose of applying the WCA.
However, the corporate shield
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