Barnett v. Bank of America Corp.

This is an appeal of a summary judgment in favor of Bank of America Corporation based upon employer immunity under the Workers’ Compensation Law. The question is whether the plaintiff Marlene Barnett is entitled to proceed against the defendant Bank of America on the basis of the intentional acts exception to workers’ compensation immunity.

In 2002, the plaintiff was the manager at Bank of America’s Bay Harbor Island branch. The bank was a tenant on the first floor of a building at 1108 Kane Concourse. The landlord decided to renovate the building, and Bank of America agreed to construct a new…