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Florida Workers' Comp Law Bars Sexual Assault Suit


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11/17/2008
Brent Adams
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On May 9, the Second District Court of Appeals in Florida ruled that the parents of a 16-year-old who was sexually assaulted by a retail store manager are barred by the workers’ compensation exclusive remedy rule from filing suit.

The plaintiffs in the case of John Doe and Jane Doe vs. Footstar Corp. filed suit against the manager of shoe retailer Footstar, where their daughter was employed as a sales clerk. According to court records, the suit alleges that the manager sexually assaulted the girl during the course of his employment.

Also alleged by the suit, which sought to make Footstar liable for damages, was that Footstar was negligent in hiring, retaining, and supervising the manager. The plaintiffs’ claims against the company were ruled by a trial court to be barred by the workers’ comp law. The appellate court upheld the lower court’s ruling.



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