PROVO, Utah —  A judge has dismissed a lawsuit filed by a man who claimed his former employer used the torture technique "waterboarding" as a motivational exercise.

Chad Hudgens says he volunteered for the exercise at the Provo-based Prosper Inc., not knowing he would be held down while supervisor Joshua Christopherson poured water on his mouth and nose. Hudgens says Christopherson compared the struggle to the effort he wanted from the sales force.

In a written ruling, 4th District Judge Gary Stott said the case should be addresses by the state's Worker's Compensation Act, not by the courts.

Stott also said Hudgens didn't prove a deliberate injury, nor that the emotional distress Hudgens claimed led him to resigned constituted a wrongful termination.

Hudgens' attorney, Sean Egan, says he'll refile the case.