{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Tort Essay - Torts Paper Assignment Final Paper Exam Number...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Torts Paper Assignment: Final Paper Professor: Wellborn Exam Number: 3177 Hector Gonzalez v. Country Food Mart, Inc District Court of Texas, 2007. The defendant, Country Food Mart, Inc, has filed a motion for summary judgment based on the facts of the case as stated below. Facts Hector Gonzalez, in his early twenties, has been married to Anna Garcia for five months prior to this action. Anna was a clerk for Country Food Mart, a small 24-hour convenience store located in a rural part of Travis County. The store is owned and operated by Roberto Soto. Due to its small profit and small customer base, clerks run the store in three 8 hour shifts, 8:00 AM – 4:00PM, 4:00 PM – 12:00 AM, 12:00 Am – 8:00 AM. Soto himself works as a clerk for the store during 5 to 6 shifts a week, employing other clerks to work 4 to 6 shifts a week each. These shifts are assigned every week. Anna Gonzalez had told Soto that a 30-year-old man had been coming into the store during her late shifts who “gave her the creeps”, and although the man didn’t say much, he would always stay for an extended period of time, look at her in “disturbing ways”, until he would leave the store in a hurry when other customers would enter the store. Anna asked Soto to give her shifts other than the midnight shift for she feared that the man would harm her. Soto expressed sympathy and told Anna that he would try to avoid assigning her the midnight shifts, but would still have to do so from time to time. Because she did not want to quit her job, Anna agreed.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Torts Paper Assignment: Final Paper Professor: Wellborn Exam Number: 3177 The next time Anna was working the midnight shift, the “creepy” man once again came in the store and raped her at gunpoint. Anna has filed a workers’ compensation claim and that has been settled. Hector Gonzalez has now brought this action against Country Food Mart, Inc. for “loss of consortium” when his wife, Anna Gonzalez, was raped at gunpoint while working a night shift at the Country Food Mart. Issue The Workers’ Compensation Act was designed to create a balance which benefits both employers and employees in a fair manner. It creates a no-fault liability for the employees injured in the workplace. In exchange, the employees give up some of the damages that take place on the job that would usually be recoverable under common-law negligence. Reed Tool Co. v. Copelin, 1985 . In Texas, the Workers’ Compensation is the exclusive remedy for all work-related injuries. However, there is an intentional injury exception. This exception provides that injuries due to an intentional tort by the employer on an employee are recoverable. Richardson v. The Fair, Inc., 1939. There is a difference between negligent injury and an intentional injury by an employer, and it is the latter form of injury that must be satisfied in order to fall within the exception to the Workman’s Compensation Act. The issue we must resolve now is whether Soto’s conduct falls within the intentional injury category in order for Gonzalez to recover from loss of consortium.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern