Legal Question in Civil Litigation in New York

Re: Potentially harmful misinformation given to domestic partner by a co-worker

Your potential courses of action depend upon (a) the specific circumstances surrounding the events you have described and (b) what type of redress you desire. If for example, your co-worker negligently misinformed your domestic partner, you may certainly report the coworker to, or file a formal complaint with, your employer. If you were interested in commencing some type of lawsuit as a result of this occurrence, there are two elements which you would need to consider in deciding whether or not to pursue such a suit. A lawsuit consists of two main elements, liability and damages. To establish the first element, that the person you seek to sue is liable to you, you would need to establish that such person was negligent, or alternatively, that their conduct was "intentional" (ie they intentionally sought to inflict emotional distress by providing misinformation). If that element can be satisfied, you would next need to establish what damages you have sustained. The greater the severity of the distress suffered by your domestic partner, the more likely it is that you would be able to establish your damages. If, for example, upon hearing the false news of your condition, your domestic partner suffered a heart attack, your damages would be significant. In all probability it would not be ecomonically feasible to pursue a lawsuit absent strong evidence of (a) gross negligence or harmful intent on the part of your co-worker, and (b) significant "distress" suffered by your domestic partner. Given the limited information which you provided I cannot advise you whether or not a suit is warranted or practical. You should obtain an attorneys further opinion by speaking to them directly. Good luck. Andrew J. Campanelli

Re: Potentially harmful misinformation given to domestic partner by a co-worker

I received your post on 10-30-2000.

Unless the damages (the 'distress') was severe enough to warrant medical/psych treatment, there is unfortunately not much that can be done for such a negligent comment. Any specific questions, please feelfree to e-mail me directly at [email protected].

Good Luck

RRG