Question: FACT PATTERN: Ms . Sanders was shot by her student and suffers permanent injuries. Ms . Sanders filed a million - dollar personal injury lawsuit
FACT PATTERN: Ms Sanders was shot by her student and suffers permanent injuries. Ms Sanders filed a milliondollar personal injury lawsuit against the Lincoln County School System over claims of negligence by school administrators. Ms Sanders alleges that the School System ignored warning signs and were aware of the student's "history of random violence."
The Lincoln County School System has filed pleadings requesting the Court dismiss the lawsuit stating that Ms Sanders case is limited to the damages allowed under the workers compensation law which was much more limited than in a negligence lawsuit. Under the works compensation laws, an employee cannot receive pain and suffering, disfigurement or damages for loss of enjoyment of life under workers compensation law. The Court determined that the Plaintiff teacher's injuries did not arise out of her employment" and therefore did not "fall within the exclusive provisions of workers' compensation coverage."
Under Chapter what are the requirements for an injury to be covered under the workers' compensation law?
a What does "arise out of and in the course and scope of "employment mean under the workers compensation laws?
b Research the remedies or damages available under Tennessee Workers Compensation Law.
c Research the remedies available under a negligence or personal injury lawsuit.
In the second part, you represent Ms Sanders. Argue why Ms Sanders should be allowed to continue with her negligence personal injury lawsuit. In other words, argue why Ms Sander's injury did not "arise out of AND "the course and scope" of employment.
In the third part, you represent Lincoln County School System. Argue why Ms Sanders should be not allowed to continue with her negligence lawsuit and that Ms Sander's damages are limited to those under the workers compensation law. In other words, argue why Ms Sander's injury "arose out of AND "the course and scope" of employment.
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