It is important to note the cases came to the Supreme Court for review after the employers were dismissed as a matter of law by the respective trial courts. The decisions do not hold the employers liable, they merely hold that a complaint can not automatically be dismissed by a court without adducing more evidence. I believe that access to court process is an important principle of a democracy. HB 2985 will result in the dismissal of many cases without a proper airing of the facts. HB 2985 will extend liability exemption to all employers under all circumstances.
Employers are exempt unless the activity fell within the employees' job description.
Such a legislative judgment can not possibly secure all the possible factual permutations in a just manner. Finally, I am concerned that under the provisions of this bill these and other crime victims will be left without adequate remedies for the harm done to them. For these reasons I disapprove of HB 2985.