Congratualations to Civil Litigation Managing Partner, Hayley Lewis Folmar, for a recent Summary Judgment on a Georgia exclusive remedy exception case
Congratulations to Civil Litigation Managing Partner, Hayley Lewis Folmar, for a recent Summary Judgment on a Georgia exclusive remedy exception case.
In this case, the Georgia State Court agreed with the Defendant; Plaintiff did not qualify for an exception to the exclusive remedy of workers’ compensation. Plaintiff was an employee LPN and lead nurse at a temporary crisis home for youth suffering from ASD. Defendant was her employer. During two of her shifts, Plaintiff was physically accosted by a youth resident in the home. Plaintiff suffered no physical injury from the unwanted touching; however, she claimed negligent infliction of emotion distress as a result. Plaintiff filed her claim in State court, claiming the events were not within the course and scope of employment, and also alleging the Defendant employer failed to follow its own procedures when screening resident Youth in crisis. After oral argument, the Court granted Summary Judgment for Defendant; as this case fell within Worker’s Compensation and did not amount to an exception under Georgia Law.
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