Legal Question in Civil Litigation in Texas
Employee negligence?
A male customer frequently goes into a restaurant and repeatedly harasses a certain waitress. He yells at her,"Hey Red, come here!" He puts pennies in the pocket of her smock, while allowing his hand to linger on her breast, and slaps her across the buttocks. The waitress purchased a stun gun and placed it in her pocket. This customer came in and put his hand in her pocket and was "stunned" literally and figuratively when he reached in her pocket. He wants to sue the restaurant for 2.5 million punitive damage and 5 million in actual damage. What rule(s) of law are at question? What cause of action? Are civil and criminal issues involved? Are there any Texas statues on this? What's the appropriate Texas court to bring this suit into?
2 Answers from Attorneys
Re: Employee negligence?
A lawsuit for the damages sought should probably be filed in the district court. Depending upon your county, some county courts have $1,000,000 in jurisdiction and the punitives are in excess of that amount. As far as the other questions, you should make an appointment to discuss these with your attorney.
Re: Employee negligence?
Isn't there a commercial that has this same fact scenerio?
Anyway, I think the customer has a weak case. Claims he would bring are for negligence and battery. Other question is of damages. Unless, there is something more than he was "stunned",his damages will not even get close to a million. May not even be worth pursuing. Let me know if I can help. This would be a fun case to defend.
John Pfister
972-712-9208
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