Velma Burnette v. Lockheed Missiles & Space Company, Inc. Lockheed Corporation Robert Godshall

73 F.3d 368 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Velma BURNETTE, Plaintiff-Appellant, v. LOCKHEED MISSILES & SPACE COMPANY, INC.; Lockheed Corporation; Robert Godshall, Defendants-Appellees. No. 94-15984. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided Dec. 27, 1995. Before: NORRIS, BEEZER and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Burnette argues that the district court improperly granted summary judgment on her assault and battery claim. We disagree. An employee is precluded from receiving tort damages for job connected injuries if he or she is unable to prove the employer or co-employee acted with a specific intent to injure her. Soares v. City of Oakland, 9 Cal.App.4th 1822, 1828-29 (1992). Fermino v. Fedco, 7 Cal.4th 701 (1994), does not alter this requirement because assault and battery without a specific intent to injure is not beyond the boundaries of the compensation bargain. See id. at 714 (intent to…