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personal injury charge of battery and emotional distress in a civil suit

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xfrustrated

Junior Member
What is the name of your state (only U.S. law)? Yes, State of Georgia.

I am considering suing a co-worker for battery and emotional distress for purposefully bringing things into the office that she was aware that caused me to have allergic reactions and to which she had a good laugh whenever I had a reaction and had to go to the doctor or had to go straight home to get away from these items.

I would like to know if there is a particular website for the State of Georgia where I can research any and all verdicts and judgements that were awarded on any civil lawsuits regarding the charge of battery to find out in what courts were these civil actions brought against a defendant. I need to see exactly in what courts they were brought and in what courts they were awarded judgment for the plaintiff. I believe that a lawsuit of this type would be filed in State Court but would like to investigate this further. Any input or advice would be greatly appreciated.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Yes, State of Georgia.

I am considering suing a co-worker for battery and emotional distress for purposefully bringing things into the office that she was aware that caused me to have allergic reactions and to which she had a good laugh whenever I had a reaction and had to go to the doctor or had to go straight home to get away from these items.

I would like to know if there is a particular website for the State of Georgia where I can research any and all verdicts and judgements that were awarded on any civil lawsuits regarding the charge of battery to find out in what courts were these civil actions brought against a defendant. I need to see exactly in what courts they were brought and in what courts they were awarded judgment for the plaintiff. I believe that a lawsuit of this type would be filed in State Court but would like to investigate this further. Any input or advice would be greatly appreciated.
Would this be as a result of perfume your co-worker is wearing?
 

xfrustrated

Junior Member
No, it wasn't a perfume, per se, but started with the overuse of air freshener used in our office multiple times a day which caused my sinuses to burn, a few nosebleeds and feeling very fatigued at work. This went on for months but I did not go to a doctor because I had no idea what was going on and I am not the type of person who will run to a doctor for any ache and pain. However, the same day she was told to remove the air freshener, she went home at lunch and brought back a scented candle to burn which caused an immediate severe reaction with intense burning in my face, eyes and nose and I could stay around it for only a maximum of 40-45 minutes before I had to leave so that I could see to drive myself home due to the extreme burning in my eyes. I have been diagnosed with multiple chemical sensitivities, vasomotor rhinitis, RADS as a direct result of these prolonged exposures. I have already settled my work comp claim against the company and will, in all likelihood, proceed with a civil lawsuit against my co-worker. Because of what happened, I can no longer go out in public without the risk of having reactions to any type of fragrance product.
 

Antigone*

Senior Member
No, it wasn't a perfume, per se, but started with the overuse of air freshener used in our office multiple times a day which caused my sinuses to burn, a few nosebleeds and feeling very fatigued at work. This went on for months but I did not go to a doctor because I had no idea what was going on and I am not the type of person who will run to a doctor for any ache and pain. However, the same day she was told to remove the air freshener, she went home at lunch and brought back a scented candle to burn which caused an immediate severe reaction with intense burning in my face, eyes and nose and I could stay around it for only a maximum of 40-45 minutes before I had to leave so that I could see to drive myself home due to the extreme burning in my eyes. I have been diagnosed with multiple chemical sensitivities, vasomotor rhinitis, RADS as a direct result of these prolonged exposures. I have already settled my work comp claim against the company and will, in all likelihood, proceed with a civil lawsuit against my co-worker. Because of what happened, I can no longer go out in public without the risk of having reactions to any type of fragrance product.
What steps have you taken with your supervisor or HR to resolve this issue?
 

xfrustrated

Junior Member
What steps have you taken with your supervisor or HR to resolve this issue?
Before the company forced me to resign, all steps went through my supervisor and HR. I kept them informed on a daily basis concerning the constant reactions I experienced only in that office and they did absolutely nothing to assist me with this problem even when I asked them to please move me to another office for my safety, they refused. This is not going to be a civil suit against the company, only my co-worker. When I settled the work comp claim I signed a release to take no further action against the company; however, I had them remove any and all language from the settlement agreement that would protect my co-worker.

I would love to find any judgments or verdicts on other civil cases in the State of Georgia involving using perfume as a weapon against someone but this issue is relatively new and there are other similar suits that have been filed in other states; however, it would be beneficial just to find verdicts and judgments within the State of Georgia in any civil suit involving the charge of battery.
 

xfrustrated

Junior Member
The closest thing I could find is
Hennly v. Richardson, 264 Ga. 355, 444 S.E.2d 317 (1994)
http://scholar.google.com/scholar_case?case=17935130613787419552

But it doesn't support your case.
Steve: Thank you for forwarding this case to my attention. I will read it over and look at all the cases cited in the text. I have found 2 other cases which involves the charge of battery under different circumstances and it looks like they were both filed in State Court. Again, this lawsuit will only be against my co-worker personally and that it was her intention, with her actions, to cause me bodily harm. All my medical records show that this incident is what caused me to develop MCS, etc. and that I will not be able to work in any office unless there are environmental restrictions. If you see any other civil lawsuits, no matter what the injury that was caused, that involve battery and emotional distress, I would greatly appreciate it if you could forward them to me. Thank you again.
 

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