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· 10/19/2000

Rafferty v. Hartman Walsh Painting Co.

Citations

  • 760 A.2d 157
  • 2000 WL 967449

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding a wrongful death action cannot be maintained when worker’s compensation provides the exclusive remedy
  • noting that under Delaware's Workmen's Compensation statute, \compensation was to be promptly awarded to a worker for a job related injury without the worker being required to prove any fault\
  • Supreme Court of Delaware refused to apply the substantial certainty test absent some indication that the General Assembly intended to adopt a substantial certainty rule
  • “In other words, an employee must allege facts that, if true, would show that the employer intended to injure her. It would not be enough to allege facts showing that the employer intended to do an action and that the worker was injured as a result of that action. Specific intent is required.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Veasey, Walsh, Holland, Hartnett, Berger

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.