Question
Plaintiff was injured on the job when she was attacked by a coworker. She sued the employer on the basis of negligent hiring and negligent
Plaintiff was injured on the job when she was attacked by a coworker. She sued the employer on the basis of negligent hiring and negligent supervision. The employer sought dismissal of the lawsuit on the ground that the attack was a work-related accident that is covered by the exclusivity provisions of workers' compensation and that workers' compensation benefits should be the plaintiff's sole remedy in this case.
What are the arguments for and against the employer's defense? How should the court rule? [See Caple v. Bullard Restaurants, Inc., 152 N.C. App. 421, 567 S.E.2d 828 (2002).]
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