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Dual Capacity Doctrine Doesn't Allow Worker to Sue Employer in Tort

Friday, July 15, 2022 | 0

The Kansas Court of Appeals ruled that an injured worker could not apply the dual capacity doctrine to sue his employer in tort for injuries he sustained using a press machine that had been manufactured by the employer. Case: Jefferies v. United Rotary Brush Corp., No. 124,140, 07/01/2022, published. Facts: Jason Jeffries worked for United Rotary Brush Corp. In March 2017, he was operating a press machine at work when a brush wafer became lodged inside it. When Jeffries attempted to dislodge the wafer, the machine activated and crushed his left arm and hand. Procedural history: Jeffri...

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