Legal Question in Personal Injury in Virginia

kicked by personnel manager

on jan. 4th, 2003 i called a manager to my cash register for help with a transaction. I paged him 3 times before he came over and when he did he kicked me in the buttocks. i was waiting on a customer at the timeand this was at 4:00 in the afternoon so the store was crowded. i am a 52 yr old female. i worked at a wholesale membership club in customer service. the next morning i told the store manager what had happened and he didn't take any action--only telling me he (personnel manager) was just kidding. i was humilated and felt belittled by this and left my employment. what recourse if any do i have?


Asked on 4/11/03, 1:29 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: kicked by personnel manager

A nonconsensual kick in the buttocks delivered by one person to the rear end of another constitutes an assault and battery in most civilized jurisdictions, including the Commonwealth of Virginia. That means you could either go down

to your local police or sheriff's department and ask that criminal charges be filed or you could, also, sue for damages for the tort of assault and battery in civil court.

If you were to pursue the latter course, you would have one year from the date of the incident to file your case.

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Answered on 4/12/03, 12:16 am


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