Weinstein v. St. Mary's Medical Center
Court of Appeal of California
68 Cal. Rptr. 2d 461 (Cal. Ct. App. 1997)
Relevant factsFree
Weinstein (plaintiff), a hospital employee, was initially injured in a work-related accident and received workers' compensation; months later, while off duty and visiting the hospital (defendant) as a patient for treatment of that same injury, she was reinjured after slipping while being escorted by hospital staff. She sued in tort for the second injury; the hospital argued workers' compensation was her exclusive remedy, and the trial court granted the hospital summary judgment.
IssueFree
Whether, under the dual-capacity doctrine, an employee may sue her employer in tort for injuries when the employer owed her a duty of care independent of the employment relationship.
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