absent averment of personal animus, it appeared aide was attacked merely because of her position as hospital employee and that there was no personal animosity against her specifically
How later courts described this case
- absent averment of personal animus, it appeared aide was attacked merely because of her position as hospital employee and that there was no personal animosity against her specifically
- affirming grant of demurrer
Written by the judges who cited it.
The opinion
BYER, Judge,
concurring and dissenting opinion.
I agree with the majority’s decision on the immunity question. However, I respectfully dissent from the majority’s decision to affirm based upon exclusivity of the workmen’s compensation remedy. I believe that we should not affirm on that point, but remand to the trial court with direction to allow the plaintiff to file a second amended *508 complaint 1 in order to make the necessary allegations of personal animus, if the plaintiff is able to do so in good faith.
. The first amended complaint was not addressed to this issue.