Assault/Battery

In a lawsuit filed on Oct. 3, 2016, captioned Jane Doe v. Donald J. Trump and Jeffrey E. Epstein, SDNY 16-cv-7673, plaintiff alleges, among other things: 10. Defendant [Donald J.] Trump initiated sexual contact with Plaintiff at four different parties. On the fourth and final sexual encounter with Defendant Trump, Defendant Trump tied Plaintiff to a…

Read More Donald Trump Rape Lawsuit

In a recently-filed lawsuit, Latchminarine v. Tombalakian (NY Sup Ct Index # 150450/2016 filed 1/19/16), plaintiff Nazmoon Latchminarine – a Manhattan nanny – claims that her (ex) boss Celia Tombalakian slapped her after she quit following a dispute about after-hours work-related texting. She asserts claims for assault, battery, and intentional infliction of emotional distress.

Read More Lawsuit: Manhattan Mom Slaps Nanny, Tells Her to “Get the Fuck Out” of Her House

In Rodriguez v Judge and Community Church of Astoria, 2015 NY Slip Op 07828 [132 AD3d 966] (App. Div. 2nd Dept. Oct. 28, 2015), the court explained and applied the well-known tort doctrine of “respondeat superior”, under which an employer is liable for the torts of its employees. Here are the (briefly-summarized) facts of this personal…

Read More Church Not Liable to Plaintiff for Assault/Battery by Employee’s Husband

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

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

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

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