Question

REM Office Solutions had a contract for the maintenance and repair of the copiers at Mista Print. If one of the copiers needed repairs, this was reported to Newell, an employee REM who was the designated technician for that location. One day, Logan, one of the manager’s at Mista Print, called Newell to make a repair request and order a replacement part for one of the other copiers. Newell agreed to come the following day to do the repairs. When Newell did not arrive and failed to return Logan’s calls, Logan went REM to address the issue. There was a major print job coming up and all the printers would need to be working at full capacity in order to get the job done. When Logan arrived at REM, Newell was resting his head on the customer service counter and appeared slightly drunk. When Logan asked Newell about the repairs, Newell replied, “Don't make your problems my problems.” He repeated this statement and again rested his head on the customer service counter. Logan began screaming angrily, rousing Newell from his drunken stupor. She reached into her bag and produced a shiv,she had fashioned from an old toothbrush during her time at Rikers. She waved it Newell's face. "You are going to fix that copier today or I will gut you like a fish." Logan then stormed out of REM. Newell was so shaken up by the incident that he quit REM and was forced to undergo psychiatric treatment for his anxiety attacks. He filed a law suit against Logan to recover for his medical bills.

What claim if any could Newell bring against Logan and will he be successful? Explain fully. (Do not discuss any issues regarding the liability of Mista Print, including the concept of Respondeat Superior)

Answer 1

The given case is the typical example of workplace violence where the contracting company's manager Logan tried to physically abuse the employee of the agent company Mista Print's employee Newell when she tried to repair the printer and perform her duties. Due to that sudden invasion and physical abuse by Logan, Newell was traumatized and had to undergo medical treatment.

Newell can file the case against the Mista Print for the unwanted physical abuse and workplace violence against Newell as per the doctrine of Respondeat superior that states that the principals will be responsible for the acts of its agent.

As in the given case, Logan was the employee of Mistaprint and he physically manhandled Newell thus Mistaprint will be liable for any action performed by its employees. Therefore the medical treatment bill must be cleared by Mistaprint.

The claims that can be raised by Newell against Logan can be related to workplace violence. She can state that Logan tried to physically harm him in the drunken state that resulted in physical and mental distress causing her to get medical assistance. Therefore both Mistprint and Logan are responsible for the damage caused and the medical expenses incurred.