Fitzgerald v. Pratt

585 N.E.2d 1222, 223 Ill. App. 3d 785, 166 Ill. Dec. 200
CourtAppellate Court of Illinois
DecidedJanuary 16, 1992
Docket5-90-0017
StatusPublished
Cited by15 cases

This text of 585 N.E.2d 1222 (Fitzgerald v. Pratt) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fitzgerald v. Pratt, 585 N.E.2d 1222, 223 Ill. App. 3d 785, 166 Ill. Dec. 200 (Ill. Ct. App. 1992).

Opinions

JUSTICE HOWERTON

delivered the opinion of the court:

Plaintiff, Cathy Fitzgerald, sued defendants, Paul Pratt and Pratt & Callis, P.C., for sexual harassment, assault, and failure to provide a safe workplace. The circuit court dismissed the action ruling that section 5(a) of the Illinois Workers’ Compensation Act barred her claim. (Ill. Rev. Stat. 1989, ch. 48, par. 138.5(a).) Plaintiff appealed. We affirm in part, reverse in part and remand for further proceedings.

Plaintiff worked as a secretary for Paul Pratt, P.C., from August 1978 until her termination in September 1984. In 1986, Paul Pratt, P.C., merged with another law firm to become Pratt & Callis, P.C. In 1988, plaintiff sued Paul Pratt and his current employer, Pratt & Callis, P.C. Count I of plaintiff’s complaint against Paul Pratt and Pratt & Callis, P.C., alleged intentional infliction of emotional distress from sexual harassment. Count II alleged assault against Paul Pratt and Pratt & Callis, P.C. Count III alleged that Pratt & Callis, P.C., as the successor corporation of Paul Pratt, P.C., failed to provide a safe workplace. Plaintiff alleged in each count that Paul Pratt, P.C., was Paul Pratt’s “alter ego” and, therefore, was liable for Paul Pratt’s intentional torts. Similarly, plaintiff alleged in each count that Pratt & Callis, P.C., the successor corporation of Paul Pratt, P.C., was liable for both Paul Pratt’s intentional torts and Paul Pratt, P.C.’s torts.

The two issues before this court are: (1) whether section 5(a) of the Illinois Workers’ Compensation Act bars plaintiff’s common law right of action against Paul Pratt and Pratt & Callis, P.C.; and (2) if section 5(a) does not bar the action, whether plaintiff can bring suit against Pratt & Callis, P.C., the successor corporation.

The Illinois Workers’ Compensation Act establishes a system of liability without fault where traditional common law defenses available to the employer are exchanged for the prohibition of common law suits against the employer. (Gannon v. Chicago, Milwaukee, St. Paul & Pacific Ry. Co. (1958), 13 Ill. 2d 460, 150 N.E.2d 141; Jablonski v. Multack (1978), 63 Ill. App. 3d 908, 380 N.E.2d 924.) Section 5(a) of the Act provides an exclusive remedy to injured employees and “is part of the ‘quid pro quo’ in which the sacrifices and gains of the employees and employers are to some extent put in balance, for, while the employer assumes a new liability without fault, he is relieved of the prospect of large damage verdicts.” 2A A. Larson, The Law of Workmen’s Compensation §65.11 (1988).

The exclusive remedy provisions, sections 5(a) and 11 of the Illinois Workers’ Compensation Act, state in pertinent part:

“§5. (a) No common law or statutory right to recover damages from the employer *** or the agents or employees of [the employer] for injury or death sustained by any employee while engaged in the line of his duty as such employee, other than the compensation herein provided, is available to any employee who is covered by the provisions of this Act ***.”
“§11. The compensation herein provided, together with the provisions of this Act, shall be the measure of the responsibility of any employer engaged in any of the enterprises or businesses enumerated in Section 3 of this Act ***.” Ill. Rev. Stat. 1989, ch. 48, pars. 138.5(a), 138.11.

Employees are barred from suing their employer unless the employee proves that: (1) the injury was not accidental; (2) the injury did not arise from her employment; (3) the injury was not received during the course of employment; or (4) the injury was not compensable under the Act. Collier v. Wagner Castings Co. (1980), 81 Ill. 2d 229, 408 N.E.2d 198.

We address first whether plaintiff’s action against Paul Pratt, a coemployee, is barred by section 5(a) of the Act. It has long been the law in Illinois that section 5(a) bars claims against coemployees for negligence. (Jablonski v. Multack (1978), 63 Ill. App. 3d 908, 380 N.E.2d 924; Sjostrom v. Sproule (1965), 33 Ill. 2d 40, 210 N.E.2d 209.) Whether the same is true for intentional torts was first addressed by the Illinois Appellate Court in Jablonski v. Multack (1978), 63 Ill. App. 3d 908, 380 N.E.2d 924. There, the court held that “section 5(a) was not intended to be available to an employee who commits an intentional tort on a fellow worker.” (Jablonski, 63 Ill. App. 3d at 914, 380 N.E.2d at 928.) In other words, the purpose of the Act was not to permit one who intentionally assaults a coemployee at work to defend on the grounds that plaintiff’s sole remedy is workers’ compensation.

The Illinois Supreme Court in Meerbrey v. Marshall Field & Co. (1990), 139 Ill. 2d 455, 564 N.E.2d 1222, adopted the Jablonski rationale and held “that the exclusive remedy provisions of the Act do not bar employees from pursuing a common law action against co-employees for injuries arising out of intentional torts.” (Meerbrey, 139 Ill. 2d at 472, 564 N.E.2d at 1230.) The court reasoned that a “co-employee should not be permitted to assert that the plaintiff’s injuries were accidental and therefore barred under the exclusivity provisions of the Act, when he himself committed the intentional tort.” Meerbrey, 139 Ill. 2d at 472, 564 N.E.2d at 1230.

Defendant argues that Meerbrey is distinguishable from the case at bar and that the supreme court’s decision in Rodriguez v. Industrial Comm’n (1983), 95 Ill. 2d 166, 447 N.E.2d 186, controls this case. In Rodriguez, the supreme court ruled that petitioner, a Mexiean-American, was entitled to coverage under the Act for injuries he sustained when a coemployee struck him over the head with a two-by-four. The court, noting that the attack was motivated by racial and ethnic prejudice, reasoned that such injuries are a hazard of the workplace, especially in a society where employers are required by law to hire minorities. Thus, defendant argues that when the cause of the tension which resulted in the injury is a common hazard of the workplace, like race and ethnicity, the injured worker’s sole remedy is workers’ compensation. Defendant claims that Rodriguez controls this case because sex, like race and ethnicity, is a similar force of strife in the workplace. Defendant claims that Meerbrey, a case involving false imprisonment, does not deal with the type of injury that occurs due to strife in the workplace and thus does not apply to this case. We disagree.

In Rodriguez, the issue before the court was whether the injury was compensable under the Act, not whether a common law right of action against a coemployee tortfeasor was barred.

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Cite This Page — Counsel Stack

Bluebook (online)
585 N.E.2d 1222, 223 Ill. App. 3d 785, 166 Ill. Dec. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-pratt-illappct-1992.