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lats of peace
Join Date: Oct 2011
Posts: 5,443
Rep Power: 24
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Banned
Join Date: Jun 2010
Location: land of no sweet tea
Posts: 12,641
Rep Power: 0
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Quote:
The thing is, the bus company probably has a policy in place on how to deal with issues like this. If she can prove that he acted against company policy, then she might have a case. THere's a lot more to it than this, but basically, even though she did hit him first, she still might be able to successfully sue the company. It's a lot different when a person does something while employed by a company, then just an average person who is not "at work." Since the company has the money, that is who she will try to sue, if anybody. And "respondent superior" says that your employer is responsible for employee actions, as long as the action is "within the scope" of his employment. There's like 3-4 factors that determine if he was "in the scope" of his employment when he did this, but it's definitely something both sides could argue in court. |
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Banned
Join Date: Jun 2010
Location: land of no sweet tea
Posts: 12,641
Rep Power: 0
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If I was a lawyer now in her state, I'd take the time to research, and write a brief.
See if I thought we'd have a 50/50 shot at arguing in her favor for damages. I'd at least hear her out, and so some investigatory work on the company, company policy, the employee's background, any prior offensives, whether the company knew he had a propensity for violence, etc. Interview witnesses. . If I could convince the company's lawyers I had a chance at winning, even 50/50, they'd almost certainly settle to avoid court costs alone. |
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