POPOVICH v. IRLANDO

No. 90SC259.

811 P.2d 379 (1991)

Ardith POPOVICH, Petitioner, v. John IRLANDO, Respondent.

Supreme Court of Colorado, En Banc.

May 20, 1991.


Attorney(s) appearing for the Case

Law Offices of John Robert Holland, P.C., John R. Holland, Law Office of Kathleen Mullen, P.C., Kathleen Mullen, Benjamin Sachs, Denver, for petitioner.

Hall & Evans, Barbara A. Duff, Alan Epstein, Denver, for respondent.

Gilbert M. Roman, Feiger, Collison & Killmer, P.C., Denver, for amicus curiae, Colorado Chapter of the National Employment Lawyers Ass'n.

Solomon & Lindquist-Kleissler, P.C., Carmen S. Danielson, Denver, for amicus curiae, the Colorado Women's Bar Ass'n.


Justice QUINN delivered the Opinion of the Court.

The question in this case is whether the co-employee immunity rule of workers' compensation law bars a tort claim filed in the county court by an employee seeking damages from a co-employee for the intentional infliction of emotional distress due to sexual harassment. The county court ruled that the exclusive-remedy provisions of the Colorado Workers' Compensation Act barred the plaintiff's claim and dismissed the...

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