Congratulations to attorney Bob Kaatz who recently won a motion for summary disposition in a premises liability case. The Plaintiff, a nurse who was injured during a school safety drill, claimed negligence against her employer. Under Michigan’s Workers’ Disability Compensation Act, however, employees generally cannot sue their employers for workplace injuries because workers’ compensation benefits are the exclusive remedy. The only exception is when an employer intentionally causes harm, which is a very high legal bar. Here, the Plaintiff did not allege any facts showing that the employer acted on purpose to cause injury or knew with certainty that she would be harmed and ignored that risk. Because that intentional-tort exception did not apply, the Court dismissed all claims with prejudice.
