When a restaurant manager who was working in a locked back office was raped after a robbery, the injuries did not arise out of her employment and she was not limited to a workers’ compensation claim.
In Doe v. P.F. Chang’s China Bistro Inc., No. W2016-01817-COA-R9-CV (Tenn. Ct. App. Aug. 29, 2017), plaintiff brought suit after being raped in the restaurant’s office. Plaintiff was a hospitality manager at defendant restaurant, and on the night of the incident “she was in the restaurant’s office performing closing procedures with the door to the office locked.” She answered a knock on the door, and a masked man entered the office, had her open the office safe, took the money from the safe, then moved her to a chair, restrained her and raped her. The man was later identified as a restaurant employee who had left work that evening, “jammed the emergency door to prevent it from closing,” and changed in his vehicle before committing the robbery and rape.
Plaintiff brought suit against defendant restaurant for various tort claims, including intentional and negligent infliction of emotional distress, negligence, negligent hiring, intentional misrepresentation, misrepresentation by concealment, vicarious liability, and constructive discharge. Defendant moved for summary judgment, arguing that “[b]ecause Plaintiffs’ claims arose out of and in the course of her employment, workers’ compensation [was] Plaintiffs’ exclusive remedy against P.F. Chang’s.” The Trial court denied the motion, and the Court of Appeals affirmed.