Thorn v. Phillips

How courts have described this case

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

• explaining that a plaintiff may not adopt a “position diametrically contradictory to that taken before the Board”
• explaining that a plaintiff may not adopt in later litigation a “position diametrically contradictory to that taken before the Board” and which “would have precluded him from any recovery under the Workers’ Compensation Act”
• “[T]he plaintiffs, having affirmatively obtained benefits [from the employer]' under the Workers’ Compensation Act, are barred from bringing a tort action against a fellow employee.”
• “[T]he plaintiffs, having affirmatively obtained benefits under the Workers’ Compensation Act, are barred from bringing a tort action against a fellow employee.”
• employee who settled workers' compensation claim for injuries suffered when he was struck by a vehicle at work could not bring separate tort action against co-worker who was driving vehicle
• “It is now established beyond peradventure that Workers’ Compensation provides the exclusive remedy for the plaintiff ... for injuries caused by acts of a fellow employee, arising out of and in the course of plaintiff’s employment.”

Source: CourtListener parenthetical corpus (CC0).