Ex parte Lincare Inc.

Lincare Inc. and one of its employees, Angela Stewart, petitioned for a writ of mandamus to direct the Jefferson Circuit Court to vacate its denial of their motion to dismiss certain tort claims asserted against them in the complaint filed by former Lincare employee Sandra Martin and to enter an order dismissing those claims and, as to any claims not subject to dismissal, to vacate its denial of their motion to strike Martin's jury demand as to those claims and to enter an order granting that motion. Stewart was Martin's supervisor. According to the allegations in Martin's complaint, in 2014, Martin submitted a letter of resignation to Stewart. Martin alleged that she resigned because Stewart had created "a difficult work environment." Martin's action alleged a claim for workers' compensation benefits against Lincare, a claim of assault and battery against Stewart and Lincare, and a tort-of-outrage claim against Stewart and Lincare. After review of Lincare and Stewart's arguments, the Alabama Supreme Court granted their petition with respect to the trial court's failure to dismiss Martin's tort claims because those claims were subsumed under the exclusivity provisions of the Workers' Compensation Act. The petition was denied with respect to the motion to dismiss Martin's tort-of-outrage claim against Stewart, and with respect to the trial court's failure to strike Martin's jury demand regarding her claims against Stewart. View "Ex parte Lincare Inc." on Justia Law