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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