Turner v. PCR, INC.

How courts have described this case

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

• holding that appellate court reviewing summary judgment motion must examine record in light most favorable to the non-moving party
• adopting an objective approach to the substantial-certainty test because under a subjective approach \there would actually be no alternative basis for recovery against an employer\
• \This [objectively substantially certain] standard imputes intent upon employers in circumstances where injury or death is objectively substantially certain to occur.\
• \This holding [adopting an objective substantial-certainty test] is also consistent with legislative policy recognizing the liability of managerial or policy-making coemployees for conduct constituting reckless indifference to the safety of other employees.\
• “Today we reaffirm our prior decisions recognizing, as have our district courts and many jurisdictions around the country, that workers’ compensation law does not protect an employer from liability for an intentional tort against an employee.”
• describing employers’ immunity as one “from liability”

Source: CourtListener parenthetical corpus (CC0).