United States Eighth Circuit

In an action against a worker's compensation insurance carrier, claiming that it wrongfully denied plaintiff's claim for benefits due to a coworker's attack upon her, summary judgment for defendant is affirmed where: 1) although the record reflects that the coworker may have harbored racial animus toward plaintiff, it also reflects that she disliked plaintiff for specific, work-related reasons such as plaintiff reporting her allegedly inferior job performance to clinic supervisors; and 2) plaintiffs failed to provide substantial justification for failing to timely disclose a witness's affidavit nor have they demonstrated that such failure is harmless.

Appellate Information

• Decided 10/06/2010
• Published 10/06/2010

Judges

• Lavenski B. Smith

Court

• United States Eighth Circuit

Counsel