(Download) "Popovich V. Irlando" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Popovich V. Irlando
- Author : Colorado Supreme Court
- Release Date : January 20, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The question in this case is whether the co-employee immunity rule of workers' compensation law bars a tort claim filed in the county court by an employee seeking damages from a co-employee for the intentional infliction of emotional distress due to sexual harassment. The county court ruled that the exclusive-remedy provisions of the Colorado Workers' Compensation Act barred the plaintiff's claim and dismissed the complaint with prejudice.*fn1 The district court affirmed the judgment of dismissal, and we granted the plaintiff's petition for certiorari. We conclude that the county court erred in not conducting an evidentiary hearing to determine whether the co-employee immunity rule barred the plaintiff's claim under the factual circumstances alleged in the plaintiff's complaint. We accordingly reverse the judgment of the district court and remand the case to that court with directions to return the case to the county court for further proceedings.