Employee Background Checks

California Jury Awards $750,000.00
in Employee Scuffling Case

The plaintiff, an assistant sales manager at a California BMW dealership was pushed by a fellow employee during an argument.   The plaintiff sued his co-worker alleging assault and battery and the dealership alleging "ratification" or the employer's "stamp of approval" on defendant employee's conduct.

Plaintiff presented expert testimony that the push caused a permanent back injury and argued that defendant employer failed to discipline the co-worker and falsified witness statements.

Defendant employee (the "pusher") argued that the plaintiff started the scuffle and that plaintiff suffered from a pre-existing back injury.  Defendant employer presented evidence that it disciplined defendant employee.

The trial lasted eleven days after which the jury awarded the plaintiff $750,000.00.

The plaintiff could have sued his co-worker for assault and battery as a "civil wrong" regardless of where the altercation occurred.  Plaintiff was allowed to sue his employer because the scuffle occurred on work premises and once informed of the incident, the employer failed to take disciplinary action against the co-worker because he was a top money-maker for the dealership.

*The San Francisco Daily Journal

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