Assault/Battery

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A Manhattan federal jury recently awarded $2.2 million to male trucking company employee Raymond Rosas and rejected defendant’s counterclaim for conversion. In that lawsuit, captioned Rosas v. Balter Sales Co. Inc. et al. (SDNY 12-cv-6557), plaintiff – a Hispanic male – asserted claims of (e.g.) race discrimination, gender discrimination, hostile work environment, sexual harassment, and…

Read More $2.2 Million Verdict in Male Truck Driver’s Sexual & Race Harassment Lawsuit
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In Minckler v. UPS, 2015 WL 6510537 (N.Y. App. Div. 3d Dept. Oct. 29, 2015), an upstate appellate court affirmed the dismissal of plaintiff’s sexual harassment/hostile work environment and retaliation claims against her former employer UPS, but held that her claim for assault and battery could continue against a co-worker. The Facts Plaintiff, a UPS administrative…

Read More “Uncivil and Crude” Comments Did Not Amount to Sexual Harassment/Hostile Work Environment at UPS
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In Hermitage Ins. Co. v. Beer-Bros, Inc. of NYC (a personal injury/premises liability case), the Supreme Court, NY County (in an opinion by Judge Braun) held in a decision dated May 12, 2015 that a bar/restaurant’s insurer was not obligated to defend or indemnify the bar under the “assault and battery” exclusion in the applicable insurance policy.…

Read More “Assault and Battery” Insurance Policy Exclusion Applies Where Bystander Was Injured by Bar’s Bouncer
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In her personal injury lawsuit captioned Brouillette v. Lisa Kistermann et al. and filed in New York Supreme Court on May 4, 2015, plaintiff Robin Brouillette alleges that on March 25, 2015, defendants Lisa Kistermann and Jessica Kistermann caused her “to be precipitated down a set of stairs” and suffer injuries.

Read More Injury Lawsuit by Robin Brouillette Against Lisa and Jessica Kistermann
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The combination of large groups of people, alcohol, and other factors may result in a dispute that escalates into violence. This is possible in, among other places, New York bars and clubs. These establishments frequently employ security personnel and/or bouncers to keep the peace. However, what happens when one is injured by one of these…

Read More Bouncer Battery: Patrons’ Rights
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No one likes/wants to be sued. Process servers – people hired by attorneys to deliver litigation papers to a named defendant – are, therefore, not exactly “welcome” when they attempt to serve papers on a defendant. A recent case, Galtieri v. Uptown Communications & Electric, Inc. and Jonathan Smokler, Sup. Ct. Qns. Cty. 19589/2012, illustrates…

Read More Process Server’s Assault/Battery and False Imprisonment Claims Continue
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A lawsuit filed in the Southern District of New York, captioned Lampley et al v. Alexander Rojas and the City of New York, SDNY 14-cv-8832 (Nov. 6, 2014), alleges that a NYPD lieutenant, Alexander Rojas, subjected plaintiffs, 3 NYPD officers, to “egregious sexual harassment”, including groping the intimate areas of plaintiffs’ bodies; displaying to plaintiffs…

Read More NYPD Sexual Harassment Lawsuit Includes Allegations of Groping, Masturbation, and Penis Exposure
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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…

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