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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4266
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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a woman struck me twice adn chased me out of a nightclub. she

Resolved Question:

a woman struck me twice adn chased me out of a nightclub. she said I touched her when i was in fact 5 feet away.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

Do you know the identity of the woman?

Does she know your identity?

Did you injure you?
Customer: replied 1 year ago.

1. Yes, the cops were there and she was identified.


2. Yes.


3. Only psychologically, emotionally, whatver.'


 


The point of my question is, can I sue for damages, slander, IIED, etc., and if so, how. It costs $90 to file here in Alaska, as long I I don't lose money it's worthwhile to me.

Expert:  TexLaw replied 1 year ago.
I apologize for the typo in my previous response.

You can sue for assault and defamation (which is slander), and IIED, although this likely does not arise to the standard for IIED (requires an extreme circumstances and you have to show that you've received psychological treatment).

The three-pronged test limits recovery of emotional distress damages
unaccompanied by physical injuries to cases (1) where the emotional distress is
“severe,” (2) where the conduct of the tortfeasor is intentional or reckless, and
(3) where such conduct is capable of being characterized as extreme or
outrageous.
The alternative four-pronged formulation holds that in order to recover for IIED
a party must show: (1) extreme and outrageous conduct, (2) that is intentional
or reckless, (3) and causes emotional distress (4) that is severe.
The trial judge must make a threshold discretionary determination whether the
severity of the emotional distress and the conduct of the offending party
warrant a claim of intentional infliction of emotional distress.
See Fyffe v. Wright, 93 P.3d 444, 455 (Alaska 2004); Hancock v. Northcutt, 808
P.2d 251, 257 (Alaska 1991), citing King v. Brooks, 788 P.2d 707 (Alaska 1990);
Teamsters Local 959 v. Wells, 749 P.2d 349 (Alaska 1988); Croft v. Wicker, 737
P.2d 789 (Alaska 1987); Richardson v. Fairbanks North Star Borough, 705 P.2d
454 (Alaska 1985); Richardson v. Fairbanks N. Star Borough, 705 P.2d 454, 456
(Alaska 1985).


Whether or not you will lose or make any money depends entirely on the evidence that you present. However, without any actual economic loss or injury, it will be a hard case in my estimation.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN


TexLaw, Attorney
Category: Legal
Satisfied Customers: 4266
Experience: Lead trial/International commercial attorney licensed 11 yrs
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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs