Legal Question in Personal Injury in Virginia
Assault by Restaurant Manager
Do I have a case? I was a guest at a Christmas party for a national restaurant chain. The restaurant closed early to accomadate the party. I was an observer during a confrontation between the General Manager of the restaurant and the employee who had invited me to the party. At some point during this confrontation words were exchanged between myself and the manager. When I wasn't looking, the manager hit me in the face with a closed fist. I stumbled backwards and went to the ground. I stood up to regain composure and I was hit with a closed fist again. This time I went down and stayed down. When I was on the ground people tried to hold this manager back. He made his way over to me again and attempted to kick me asking me if "I wanted some more." This is where the incident ended. I came to find out later that this particular restaurant manager assaulted one of his employees right before my incident. He has also been brought up on assault charges in the past and has been involved in anger management classes. On top of this, he is a former U.S. Marines boxer. What, if any, course of action can I/should I take against the restaurant manager or the restaurant. Any advice would be greatly appreciated.
3 Answers from Attorneys
Re: Assault by Restaurant Manager
You may have a claim for battery against the manager and possibly the restaurant, and also, if not a battery claim, a claim for negligent hiring or retention against the restaurant (whether it goes against the chain depends on whether it is a franchise or company-owned). If you were injured, you should consult with counsel to go over the facts in detail.
Re: Assault by Restaurant Manager
I concur in the characteristically speedy and well-stated response of Mr. Press. I would add that two enhancement factors may make this an especially attractive personal injury claim -- if you have injury. (1) The attacker has relatively high public visibility, and (2) He hit you more than once and would have gone for more, while you never touched him.
Re: Assault by Restaurant Manager
Let me add some caveats. Assault and battery cases are difficult without good independant and non drinking witnesses. There are two sides to every story but your facts are attractive. There is more info at my web site regarding how to go about choosing a personal injury attorney. Go to http://www.vamedmal.com
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