Connection Between Employer and Employee's Assault Too Tenuous

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Plaintiff, the employer of an allegedly injured photographer, sued defendants, which included a corporation and its employee, for negligence, assault and battery and wanton and reckless misconduct. The corporation and employee moved to strike the counts brought against them. The employer's employee was not a party to the action.

The photographer, was allegedly assault by the corporation's employee at a concert. The employer alleged the corporation's employee dragged the photographer onto the rear of the stage and proceeded to hit, strike, push and pull on him after he approached the performance stage. The alleged damages were purely economic in nature. The court held the corporation and its employee could not have foreseen that their failure to exercise any duty owed to the photographer would result in economic damages to the employer. Any alleged "nexus" between the employer's damages and alleged negligent acts of the corporation and its employee was too tenuous to impose liability on them under a theory of negligence. Any accountability by them had to be limited to the photographer who was allegedly injured. The employer failed to allege any facts to show that the corporation and its employee caused imminent apprehension of harmful or offensive contact in the employer and harmful contact with the person of the employer, either directly or indirectly. Thus, the employer could not assert an assault and battery claim. The employer also lacked standing to assert the reckless misconduct claim.The motion to strike was granted.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Lane v. Jones, 2006 Conn. Super. LEXIS 2541 (Conn. Super. Ct. August 21, 2006)