4th Circuit revives part of worker's intentionally inflicted

Gantt's attorney, Dawn V. Martin, could not be reached for comment yesterday. Security USA's lawyer, Michael S. Levin, declined to comment.

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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