Legal Question in Civil Litigation in Pennsylvania
Can college student be sued for "punching" a female student at a party where there is no criminal complaint or finding of guilt and no bodily injuries. Her word against his and several witnesses on his behalf. This was his house and she was asked to leave and refused. (intoxicated) He escorted her out but never hit her. She is threatening to sue for "emotional distress" claiming the incident resulted in her withdraw from the college and loss of her scholarship for that year and subsequent years. She has since enrolled in another school and is suing for the additional cost of tuition at this school. excess of 40K
The students parents are being harassed with phone calls and letters regarding "settling" out of court. How can this student protect himself and are his parents liable in any way if he is over 18?
2 Answers from Attorneys
In Pennsylvania anybody can sue anybody for almost anything. That said winning a case is a lot harder. Claims of emotional distress have to be based on negligence, your breached a duty of care, or you intentionally inflicted emotional distress. That is not an easy thing to prove.
No reputable lawyer would just send threats. However, it might be a good idea to talk to a lawyer and see that the harassment stops.
{John}
Anyone can sue anyone. That's not the question. You need to hire an attorney to properly answer the suit. And no, the parents should not be responsible unless there are some facts you left out. Email if you need further answers.
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