Castro v. Kerby, Dist. Employer not liable for murder of several employees. Employee can sue employer for injuries suffered in a robbery and is not limited to recovery under the Worker's Compensation Law. No liability for employee shot during robbery, since closing and back door security procedures where not defective.
Employer can be civilly liable for criminal attacks.
Since grabbing employee's arm not an assault, recovery was limited to workmens' compensation. Since wife as partner does not qualify as fifth regular employee, employee could not recover under worker's compensation. Employer must raise worker's compensation immunity as affirmative defense. Jury to decide whether employer is liable for assault after employee punched out, but remained on premises. Von Batsch v. American Dist.