California, United States of America
The following excerpt is from Spratley v. Winchell Donut House, Inc., 188 Cal.App.3d 1408, 234 Cal.Rptr. 121 (Cal. App. 1987):
"The cases that have permitted recovery in tort for intentional misconduct causing disability have involved conduct of an employer having a 'questionable' relationship to the employment, an injury which did not occur while the employee was performing service incidental to the employment and which would not be viewed as a risk of the employment, or conduct where the employer or insurer stepped out of their proper roles. [Citations.] Such circumstances are not alleged in the complaint before us." (Cole v. Fair Oaks Fire Protection District, supra, (1987) 43 Cal.3d 148, 161, 233 Cal.Rptr. 308, 729 P.2d 743.
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