Can a claim for intentional infliction of emotional distress be successful?
California, United States of America
The following excerpt is from Morales v. Waste Mgmt. of Alameda Cnty. Inc., A131130 (Cal. App. 2012):
preempted. The trial court's order granting the summary judgment motion cited preemption as ground for decision only with respect to the intentional infliction claim. A claim for intentional infliction of emotional distress is preempted by workers' compensation unless the distress was caused by intentional discrimination. (Phillips v. Gemini Moving Specialists (1998) 63 Cal.App.4th 563, 577.) Because plaintiff's discrimination claims were found to be without merit, any further claim for intentional infliction of emotional distress was properly found to be preempted. (Ibid.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
