4th Circuit revives part of worker's intentionally inflicted

Daily Record, The (Baltimore), Jan 27, 2004 by Ann Parks

WHAT THE COURT HELD

Case:

Dominique K. Gantt v. Security USA, Incorporated and VSI Incorporated, US4th No. 03-1033, Published. Opinion by Motz, J. Decided January 23, 2004.

Issue:

Did the U.S. District Court err in granting summary judgment to an employer on a claim of intentional infliction of emotional distress where a supervisor assigned an employee to an outside post knowing that the employee was facing death threats by a former boyfriend?

Holding:

Yes and no. The employee failed to offer evidence that her supervisor intended to bring about her abduction and rape; therefore, the employee is limited to workers' compensation benefits as to those injuries. However, a jury could have concluded that the supervisor intentionally inflicted emotional distress on her subordinate by ordering her to an outside post at a time when the employee feared for her life; thus, summary judgment on that portion of the claim was improper.

Counsel:

Dawn Valore Martin, Washington, D.C., for appellant; Michael Sumner Levin for appellee.

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