Kerans v. Porter Paint Co.

575 N.E.2d 428 (1991)

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Nature of the Case

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Facts

Kerans (P) was a decorator for Porter Paint (D). P alleged sexual harassment by Al Levine, who was a store manager for D. P claims she was sexually molested by Levine on five separate occasions on September 5, 1985. Levine was alleged to have touched her breasts, put his hand up her dress, forced her to touch his genitalia, exposed himself to her in a back room, and appeared naked before her and requested that she watch him masturbate. P reported Levine to D and Levine resigned. Kerans and her husband, Lewis Kerans, (Ps) filed suit naming both Levine and Porter Paint (D) as defendants. Ps settled their claims against Levine but expressly reserved their right to pursue their claims against D. Against D, Ps allege that D intentionally or negligently maintained a policy of encouraging, permitting, or condoning sexual harassment by Levine. Ps also charged D with assault and battery. In their third count, they charge D with negligent or intentional infliction of emotional distress. In their fourth count, Ps claimed that D negligently or intentionally failed to provide P with a safe work environment. The fifth count is for loss of consortium. The lower court dismissed the claims as they were barred by the exclusive remedy provisions under workers' compensation. P appealed.