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Feidler v. Morris Coupling Co.

In a tort action arising out of injuries plaintiff suffered during a fight with a co-worker, summary judgment in favor of defendant affirmed; court was correct in finding that plaintiff's negligence suit was barred because tort claim fell properly within the Workers' Compensation Act and did not fall within the "persona animus" exception to the Act.

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OPINION

� 1 Thomas Feidler (Appellant) appeals from the order dated April 28, 2000, that granted Morris Coupling Company’s (Morris Coupling) motion for summary judgment. *fn1 We affirm. The relevant facts and procedural history are as follows.

� 2 On August 14, 1997, Appellant, while employed at Morris Coupling, was injured following a physical altercation with a co-worker named Joseph Cunningham (Cunningham). It is undisputed that while Appellant was placing wire hangers on a rack, which is part of Morris Coupling’s assembly process, Cunningham told Appellant to place the hangers in a specific manner. Appellant, who thought Cunningham was joking, told him to “shut up bitch.” Cunningham offered an abusive retort, and Appellant responded in kind. At this point, Cunningham physically assaulted Appellant by choking and punching him. Appellant defended himself, and while moving away from Cunningham, he tripped over a skid. Cunningham continued his assault, and John Wood, a supervisor at Morris Coupling, separated the two men. Appellant suffered a dislocated shoulder. Subsequently, Morris Coupling fired Appellant and Cunningham.

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