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GRILLO v. NATIONAL BANK OF WASHINGTON

No. 86-882.

540 A.2d 743 (1988)

Altagracia Kelly GRILLO and Antonio J. Grillo, Personal Representatives on behalf of the Estate of Zonya Grillo Durham and Durya Christina Durham, a minor by her co-guardians, Altagracia Kelly Grillo and Antonio J. Grillo, Appellants, v. NATIONAL BANK OF WASHINGTON and United Mine Workers of America, Appellees.

District of Columbia Court of Appeals.

Decided March 31, 1988.

Attorney(s) appearing for the Case

Gary I. Rubin, Washington, D.C., argued the case for appellants. Joseph L. Nellis, Washington, D.C., was on the brief for appellants.

David P. Durbin, with whom Conrad A. Fontaine and James F. Jordan, Washington, D.C., were on the brief, for appellee National Bank of Washington.

Joseph P. Dyer for appellee United Mine Workers of America.

Before PRYOR, Chief Judge, and MACK and ROGERS, Associate Judges.

ROGERS, Associate Judge:

The question presented by this appeal is whether appellants have stated a cause of action under the intentional tort exception to the exclusive remedy provision of the District of Columbia Workers' Compensation Act ("WCA"). D.C.Code § 36-304 (1981). The appeal arises out of the dismissal of a complaint under Super. Ct.Civ.R. 12(b)(6) for the failure to state a claim for which relief can be granted. We hold that only injuries specifically...

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