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Worker May Sue in Tort by Showing Workplace Assault Rooted in Employment

Monday, June 27, 2016 | 0

A restaurant worker who was assaulted by a co-worker can pursue a tort claim against his employer if he can show that the cause of the attack was rooted in his employment, the Louisiana 2nd Circuit Court of Appeals ruled, reversing a district court decision. Case: Garcia v. Lewis, No. 50,744-CA, 06/22/2016. Facts: Francisco Garcia, a sous-chef at the Eldorado Resort Casino in Shreveport, saw dishwasher Brian Lewis take three crab legs that had been on the buffet. He reported the incident to the head chef, who reported it to Lewis' supervisor, Frank Elizardo. Lewis and Elizardo were both...

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