McSwain v. Shei’s Empirical Analysis

Citation profile

1 federal appellate · 14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The exception to the exclusivity provision is based upon the nature of the act that caused the injury — whether it was intentional or accidental. Only injuries caused by an “accident” are within the jurisdiction of the Commission. Intentional infliction of emotional distress is not an “accident.” “[T]he employer will not be heard to allege that the injury was ‘accidental’ and therefore was under the exclusive provisions of the Workmen’s Compensation Act, when he himself intentionally committed the act.” 2A Larson, The Law of Workmen’s Compensation § 68-11 (1989). A common law cause of action will not be barred by the exclusivity provisions when the employer manifests a deliberate intent to injure the employee. This exception is applicable to the intentional infliction of emotional distress. In Stewart [v. McLellan’s Stores Co., 194 S.C. 50 , 9 S.E.2d 35 (1940)], we recognized that an employee can maintain a common law action for the employer’s intentional assault and battery. We extend that rule to allow actions for the intentional infliction of emotional distress. As this is the only type of tort which is involved in this case, we express no opinion as to the application of the exception to other intentional torts.”

   1 later decision quote this exact passage
   e.g. Edens v. Bellini