Hardee's Food Systems, Inc. v. Evans

Cooper, Judge.

We granted this interlocutory appeal from the trial court’s denial of appellants’ motion for summary judgment. At issue is whether appellee’s action is barred by the exclusive remedy provision of the Workers’ Compensation Act.

The record shows that appellee was working at appellant Hardee’s under the supervision of appellant Avinger when Avinger hit appellee with his fist, knocking her into a wall and injuring her head and back. Appellee brought an action against Avinger for assault and battery, and against Hardee’s under theories of respondeat superior and negligent retention.…