No specific laws identified for this ruling.
Trial court's dismissal of plaintiff's outrageous conduct and intentional infliction of emotional distress claim was affirmed on appeal because plaintiff had previously filed a workers' compensation claim arising from the same incident.
The trial court dismissed the plaintiff's claim of outrageous conduct/intentional infliction of emotional distress filed against his employer because the plaintiff had previously filed a workers' compensation claim against the employer, seeking compensation for injuries arising out of the same incident. The plaintiff has appealed the dismissal of his claim. Discerning no reversible error, we affirm the trial court's judgment of dismissal. We decline Appalachian's request for an award of attorney's fees, determining that Mr. Byrd's appeal was not frivolous or taken solely for delay.
This summary was generated to explain the ruling in plain English and is not legal advice.
School board employees were not entitled to statutory immunity on age discrimination and intentional infliction of emotional distress claims because genuine issue of material fact existed as to whether they acted with malice, in bad faith, wantonly, or recklessly in pursuing disciplinary proceedings against appellee. Employees were entitled to immunity as to retaliation claims where court identified no conduct attributable to them in denying summary judgment on the merits of the claim.
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