LAWSUIT

[olayinka]

Is there a possible lawsuit for a restaraunt whose employee threw soda in my face? I am going to court against the employee soon, but shouldn't the restauant be held responsible for their employees actions? I live in Missouri.I'm going to court for peace disturbance against the employee as advised by the police, (I thought I should've been able to press charges!). I'have not filed a lawsuit agaist anyone yet but would like to do so if possible. Someone help!! This incident occurred in December 2000.

[Edited by olayinka on 01-22-2001 at 11:36 AM]

 

[I AM ALWAYS LIABLE]

Is there a possible lawsuit for a restaraunt whose employee threw soad in my face? I am going to court against the employee soon, but shouldn't the restauant be held responsible for their employees actions? I live in Missouri.

My response:

What is "soad" ?

If you failed to name the restaurant owner in the lawsuit, then it's too late to do so. If your lawsuit is still within the Statute of Limitations, you can dismiss your current lawsuit (without prejudice), and re-file your claim against both the employee and the name of the restaurant owner.

IAAL


My further response based upon your additional information:

You would file a Civil Lawsuit (Small Claims, perhaps) against both the employee and the employer. Your grounds would be "Assault & Battery" against the employee, and Wrongful Employment and Wrongful Retention of the employee by the employer (the legal theory is called "Respondeat Superior"). An employer is always responsible for the acts of it's employee(s) during the course and scope of employment.

What did you do ? Keep your finger on your <Enter> key in your last response ? The box for your post is extremely long.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-22-2001 at 08:49 PM]

 

[olayinka]

Thank you very much for replying to me. I'm sorry for the misspelled word soad should be soda. Can you please reread I've added more detail, and respond to me again?