Legal Question in Civil Litigation in Virginia
Auto theft victim
I bought furniture from a company who sub-contracted to another for finishing work. The sub-contractor delivered the furniture. While delivering the furniture an employee of the sub-contractor stole my auto & home keys from a table in my home.
The following night, two autos were stolen from my driveway.
One of the two autos have been recovered and the employee of the sub-contractor has confessed to stealing the keys and the autos. He has not been convicted of grand theft auto though he has been so charged.
Can I hold the furniture company and/or the sub-contractor responsible for the damages I have and will continue incure above my insurance coverage, by thier employee?
If this is possible. How do I proceed to recover from my finacial losses?
Assuming the thief has no assets, are punitive damages possible or even feasable?
Thank You for your assistance.
2 Answers from Attorneys
Re: Auto theft victim
Absolutely, you should file suit against everyone involved. The subcontractor is liable if the acts were committed while the thief was there while "on the job". The furniture company is liable for negligent selection if they had any reason to know that the subcontractor had problems like this, and probably for violation of the Virginia Consumer Protection Act if anything about the transaction was false, fraudulent, misleading, deceptive, etc. There are also other statutes that may apply depending on how the transaction occurred.
Be sure to keep careful track of all damages - including indirect damages.
Yes, the thief (but not the employer, unless you can show the employer intended the harm) will be liable for punitive damages; there's a $350,000 limit in Virginia. Also, any damages you sue for could be covered in a restitution order in the criminal case if the thief is convicted and is given a suspended sentence or probation. Be careful, though, because any award of restitution in such an order may preclude you from recovering in a civil suit - that's a controversial issue and I wouldn't want to be the one who'd have to take the test case to the Supreme Court on appeal. You have a right to representation in the criminal case under the Virginia Victims of Crimes Act - the Commonwealth's Attorney won't like that because they want to maintain control of the litigation, but you need independent legal advice - don't believe it when the CA tells you he's representing your interests - that's hogwash - they represent the interests of the Commonwealth, not you, and you're just a witness in the criminal case, not the plaintiff. That's why criminal cases are styled "Commonwealth v. Joe Blow".
If this was a business transaction and you're doing business in the corporate form, the corporation is a person separate from yourself whom you cannot legally represent in court unless you have a license to practice law. A corporation needs its own attorney.
Re: Auto theft victim
Since the employee was committing a crime (i.e. intentional act outside the scope of his employment), you may have a hard time prevailing against the subcontractor, not to mention the furniture company. You should see if either of those entities has a bonding or insurance company that might cover your losses. If there was negligence in hiring the employeee, your chances in suing would improve.
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