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

Info iconThis 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.
Background image of page 1

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

View Full DocumentRight 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.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This essay was uploaded on 04/19/2008 for the course LAW 421 taught by Professor Sokolow during the Fall '07 term at University of Texas at Austin.

Page1 / 7

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

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online