NE: Eggshell Plaintiff, Workers’ Comp, Battery, and Tort Claims Act

Here is a classic eggshell plaintiff case in which one officer (Lancaster County) gave another (City of Lincoln) a friendly punch on the shoulder in greeting, without knowing that the recipient had recently undergone rotator cuff surgery. The result was $63,418 in medical bills, covered by workers’ comp. The City of Lincoln sued Lancaster County for indemnification, but a district judge determined that the punch was an intentional tort (battery) rather than negligence, therefore immunizing Lancaster County from liability under Nebraska’s municipal tort claims act.  The Lincoln Journal Star has details.