Three emergency medical services employees were returning to their office in an ambulance after having had lunch.

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Three emergency medical services employees were returning to their office in an ambulance after having had lunch. An EMT in the rear of the vehicle turned on the power to a manual cardiac defibrillator, adjusted its energy to a high setting, and picked up the defibrillator paddles. He jokingly told a female employee riding in the passenger seat of the ambulance that “I’m going to get you.” She screamed and told him to get the paddles away from her. The EMT appeared to be complying, but then turned back toward her and struck her with the paddles while simultaneously activating them. The female employee lost consciousness, had cardiac arrest, and eventually died from electrocution by the charged defibrillator. The deceased employee’s estate sued for negligent hiring and retention of the EMT. Is Workers’ Compensation the exclusive remedy for the employee’s death, or can the employer be sued in tort?

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