Walls Regional Hospital v. Bomar

Nurses Kym Bomar, Laura Cosby, and Cynthia Patterson sued their employer, Walls Regional Hospital, for negligently allowing Dr. George Boyett, a physician with staff privileges, to sexually harass them at work. Specifically, plaintiffs allege that the Hospital failed to provide them with a safe place to work and negligently hired or credentialed Boyett, despite their repeated complaints about his behavior. The Hospital moved for summary judgment in part on the ground that plaintiffs action is barred by the Workers Compensation Act, and the district court granted the motion. The court of appeals reversed, holding in part that the Hospital had failed to establish as a matter of law that plaintiffs injuries occurred in the course of their employment so as to be barred by the Act. More particularly, the court concluded that fact issues remained concerning whether Boyett harassed plaintiffs for personal reasons unrelated to work. We agree with the district court.