Richard v. Washburn Public Schools
2011 ND 240
| N.D. | 2011Background
- Richard, a 16-year-old Washburn High School student, worked as a part-time custodian for the District (2001–2003) under supervisor Gary Fuchs.
- Richard alleges four incidents of inappropriate conduct and physical contact by Fuchs, including choking, forced bending, touching in her pants, and other harassment.
- Richard did not report the incidents promptly to the District at the time they occurred.
- Richard’s mother reported the February 2003 incident; the District issued directives and an improvement plan for Fuchs.
- Richard sued in April 2006 for negligent hiring, supervision and retention, and assault and battery; the district court granted summary judgment on several claims.
- The district court dismissed negligent hiring and assault and battery, but found genuine issues of material fact on negligent supervision and retention and ultimately denied those as barred by exclusive remedy provisions of the Workers’ Compensation Act; appellate court reversed in part and remanded on negligent supervision and retention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are negligent supervision and retention barred by workers’ compensation exclusivity? | Richard argues exclusivity does not bar these claims. | District contends exclusivity precludes these actions. | No, the court reversed to allow supervision/retention claims to proceed. |
| Do the North Dakota Human Rights Act preclude these claims? | Richard asserts HR Act does not preclude claims. | District argues HR Act precludes the claims. | No, HR Act does not preclude the claims. |
| Was the district’s handling of Fuchs sufficient to defeat foreseeability or retention claims? | Fuchs’s conduct was foreseeable and the District failed to act. | District acted after the incidents and policy compelled reporting. | Issues of material fact exist; dismissal was improper for negligent supervision/retention. |
Key Cases Cited
- Trinity Hosps. v. Mattson, 2006 ND 231 (ND) (exclusive remedy background for workers’ compensation)
- Cervantes v. Drayton Foods, L.L.C., 1998 ND 138 (ND) (workers’ compensation exclusivity framework)
- Zimmerman by Zimmerman v. Valdak Corp., 1997 ND 203 (ND) (exclusivity and limits on employer liability)
- Mitchell v. Sanborn, 536 N.W.2d 678 (ND) (exclusivity defense framework)
- Goble v. Goble, 1999 SD 38, 593 N.W.2d 402 (SD) (mental-mental vs physical-mental injuries under exclusivity)