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Nordstrom v. GAB Robins North America, Inc.

2012 U.S. Dist. LEXIS 46148 (2012)

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Nordstrom v. GAB Robins North America, Inc.

United States District Court for the Northern District of Connecticut
2012 U.S. Dist. LEXIS 46148 (2012)

Facts

Melissa Nordstrom (plaintiff) was married to Frederick Nordstrom. Frederick injured his back while working for the Connecticut Department of Correction, and he filed a workers’-compensation claim for his injury. Frederick’s claim was administered by GAB Robins North America, Inc. (GAB) (defendant). GAB conducted surveillance on Frederick, and the surveillance extended to Melissa. Melissa was followed aggressively while driving with her daughter and grandfather, resulting in a high-speed chase. The surveillance extended for several months, and it included photos of Melissa on a camping trip and in her home, causing Melissa emotional distress. Melissa filed a diversity case in Connecticut federal court seeking damages for negligent and intentional infliction of emotional distress. GAB moved for summary judgment, arguing among other things that Melissa’s claims were barred by workers’-compensation exclusivity. In support, GAB cited two Connecticut cases holding that claims involving payment issues with workers’-compensation benefits were subject to workers’-compensation exclusivity. Melissa argued that the surveillance of her was independent of the surveillance of her husband.

Rule of Law

Issue

Holding and Reasoning (Chatigny, J.)

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