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Rough out here.
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Hi Sharks,
Anyone faced below issue?
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I would throw everything on it: assault, battery, negligent hire supervision retention, intentional infliction of emotional distress and harm - all the things!!
Since plaintiff is an employee of the restaurant and decided to call dad instead of 911 - that’s a big issue. I get the young and naive argument but that’s a tough one since the proper thing would of been to call 911 and then call dad.
Sorry, mixed it up while typing. I meant to say Defendant*
Got it. So meds are low but GenDams are decent since this cause emotional harm, embarrassment, etc.
Idk what meds are (guessing low) so I’d say soaking wet you’re looking at 40-65k
What kind of venue? Sounds like ballpark of
$50k on a good day to me but I’m in NYC and in the right venue and the right demographics of plaintiff I’d say you could reach closer to $100k.
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Press conference anyone? Is this a chain restaurant? You’ve got all kinds of torts here, both negligence based and intentional. I mean, the staffer didn’t even tell anyone, just went vigilante Justice on the customer. If plaintiff is extremely embarrassed, he should be examined by a neuropsychologist to determine his level of PTSD, anxiety and depression. Probably needs counseling as well, for life. Imagine feeling paralyzing fear every time you walk into a restaurant? If your plaintiff is likable, I’d put the pedal to the metal and probably squeeze out at least a million or two on a case like this. But I’m in CA and your mileage may vary depending on your state.
Dad found out immediately after that plaintiff was not assaulter and got it wrong
since defendant called dad then yes absolutely liability on restaurant. not even a question about it. damages are going to be 3x what they would be for same injury in an accident due to this being an assault
why are we just listing words? it definitely is, the employee is working at the time this happened lol
Isn’t this an intervening criminal act though? so would it put any liability on restaurant?
My husband is actually going through a similar situation with his business. Employee was involved in a scuffle. Didn’t actually throw the punch but since he was in the vicinity of the scuffle, the biz is on the hook.
Regardless if the 15 year old felt threatened or fearful, the first step is to call 911 then the dad. Otherwise it shows that the employee has not been trained on proper security protocol at the restaurant.
Vicarious liability is probably viable but depends on the venue. Likely a question of fact. Negligent hiring and supervision are harder, not likely that there were any red flags for a 15 yo employee but who knows. May as well assert it.
There's potential issues for motions practice on the employer issues and extra discovery on the other issues. You probably aren't getting fees, so I'd keep it tight. Join the employer for pressure for them to pitch in on a settlement with insurance. Look for assets for dad.
You don't have any special damages, so it's all punitives and generals. That limits value. I agree $50k is probably what you get on a good day.
Confused by these responses. This seems like a third party criminal act that would not be covered under the restaurant’s policy, nor be something they would have a duty to protect the Plaintiff against. Also, the daughters actions were not in the scope of her employment, so vicarious liability seems dubious.
You can bring in the restaurant and pressure them to pay as opposed to going through litigation (essentially saying “settle with me for x instead of spending y to go through litigation”), but I can’t see the restaurant being on the hook.
Vicarious liability is arguably there with the daughter, but this was an intentional act by a third party that wasn’t involved with the restaurant in any way other than a relation to the employee. More importantly, it was an intentional act so it’s not like you’ll be able to argue negligence/premises liability for the restaurant’s insurance to cover it.
If you want to save yourself the time & cost of litigation with the restaurant and their insurance, just go after the father personally. It’ll all depend on the meds, but you’ll be able to get meds, pain & suffering and loss of earnings (if applicable). It all depends on the meds, LOE, & if the father is judgment proof.
Unwanted touch by another is assault. Which is criminal not Civil at this point.
Why would you think restaurant would be liable? Employee of restaurant didn’t commit the assault. It happen on their property by not by their employees. If criminally charged must let the criminal play out then sue civil for damages.
Some criminal acts can carry restitution to be paid to victims.
I just read the post again I don’t know how I missed it was employee… burnt out. Your are correct.
How is the Restaurant liable? A lot of you guys have to brush up on the vicarious liability doctrine. I would love to defend this case.
An EMPLOYEE, while working, called someone to specifically request an attack on a patron of the restaurant, occurring inside the restaurant. There is not even a question about vicarious liability in this case.