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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118123
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Betty England worked at a Dairy Queen restaurant owned by S&M

Customer Question

Betty England worked at a Dairy Queen restaurant owned by S&M Foods in Tallulah, Louisiana. One day while she was at work, her manager, Larry Garley, became upset when several incorrectly prepared hamburgers were returned by a customer. Garley expressed his dissatisfaction by throwing a hamburger that hit England on the leg. Assume that while Garley was not trying to hit England with the hamburger, he was aware that she was substantially certain to be hit as a result of his action. Also, assume that England was not harmed by the hamburger. England sued Garley for battery.
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
England has a cause of action for battery since there was an unauthorized touching from Garley. Additionally, there is no requirement that actual physical injury be sustained in order to maintain a civil tort for battery. Even if he was not trying to hit her with the hamburger, the fact that it was reasonably certain that contact would occur would make him civily liable for the battery.

Additionally, this is an exception to the workers compensation laws because an employee can sue an co-worker in tort for an intentional tort, which is what the battery was.

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