Ex Parte Lincare, In re: Martin

Supreme Court of Alabama

Jefferson County | 218 So. 3d 331 | Aug. 19, 2016


Court Rules on Dismissal and Jury Trial Issues in Workplace Assault Case

Martin, an ex-employee of Lincare, resigned due to the hostile environment created by her supervisor, Stewart. Subsequent to her resignation, Stewart physically assaulted Martin on Lincare's property. Instead of addressing this assault, Lincare issued a trespass order against Martin. Martin, in response, sued both Lincare and Stewart. Her claims included seeking workers' compensation from Lincare and accusing both parties of assault, battery, and outrage.

Lincare and Stewart sought the dismissal of Martin's claims, citing, among other arguments, the exclusivity provision of the Workers' Compensation Act. The initial court separated the workers' compensation claim from the tort claims but let the tort claims continue. Lincare and Stewart appealed this decision. The appellate court determined that the exclusivity provisions of the Workers' Compensation Act barred Martin's tort claims against Lincare, as her injuries were deemed workplace-related. Stewart's challenge to Martin's tort-of-outrage claim was rejected, with the court finding that the specifics of the claim weren't reviewable through a mandamus petition. Stewart also claimed Martin shouldn't be entitled to a jury trial since Martin waived this right during her Lincare employment. The court, emphasizing the importance of jury trials, disagreed, noting the waiver was only relevant to Martin's employment with Lincare, not any claims against Stewart.

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