QUESTION

Can I sue this company

Asked on Apr 04th, 2015 on Litigation - Indiana
More details to this question:
Employee threw a cup of hot coffee at my wife. It did not hit her, but the intent was there. My wife is now afraid to go back to this gas station.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can sue anyone for anything, but that doesn't mean that you'll win. As a general matter, there is no civil cause of action for an "attempted" tort - actual damages are normally required.  It is possible that, in this situation, the employee could be responsible for the intentional infliction of emotional distress, but I wouldn't count on it, or on a large verdict even if technically the elements of the tort could be established.  Also, employers are only liable for the actions of their employees taken in the course of their employment.  It is questionable whether the employee's act of throwing coffee at your wife would be considered "within the scope of employment" so as to subject the employer to liability, although different jurisdictions have slightly different rules about this, and I am not familiar with Indiana's specific rules. While a civil suit doesn't seem so promising, it appears as if the employee may have committed a crime, such as attempted battery.  It might be worth complaining to the police.
Answered on Apr 06th, 2015 at 9:08 AM

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