$10M Lawsuit Against Insomnia Cookies for Alleged Attack by Deliveryman

Here is the lawsuit, recently filed by Georgina Spence, against Insomnia Cookies and its deliveryman Keith Moody.

The suit alleges, inter alia:

That on November 3, 2014 plaintiff Georgina Spence was violently contacted by defendant’s employee Keith Moody without cause, provocation or justification while in the course of his employment as an employee of defendant Insomnia Cookies Inc. and while plaintiff was lawfully within the premises[, and]…

That defendant employer Insomnia Cookies Inc. negligently failed to safeguard plaintiff Georgina Spence, a 62 year old woman, following a heated verbal altercation between plaintiff and defendant’s employee Keith Moody, a 21 year old man in a position to cause foreseeable harm, which most probably would not have occurred had the employer taken reasonable care in safeguarding plaintiff.

Plaintiff asserts claims sounding in assault, battery, respondeat superior, negligent hiring/supervision/retention, inadequate security, and negligence.

She demands judgment of $10 million on each of her five causes of action.

Notably, while such demands are often designed to (and often do) result in attention-grabbing headlines, the rules specifically prohibit such demands. Specifically, CPLR 3017(c) specifically states that “[i]n an action to recover damages for personal injuries or wrongful death, the complaint … shall not state the amount of damages to which the pleader deems himself entitled.”