A bodyguard threw a woman to the ground, on which she cut her chin, alleged a lawsuit against the cast of the MTV show "Jersey Shore" and Viacom, the parent company of MTV. The lawsuit illustrates how Oregonians may sue for assault and battery in civil court and how Oregonians can sue the employer of people who cause harm.
First, if a person is hurt by criminal activity, then, typically he or she may sue in civil court. We see this with child sexual abuse cases quite often (for example, the priest AND the church). Also, we all remember how Ron Goldman's family proved in civil court that O.J. Simpson caused Ron's death. So, victims of assault and battery may sue in civil court.
Next, Oregonians may sue the "master" of the person who causes harm. The old term is "respondeat superior." We see this most often in truck accidents, when people sue the driver and the trucking company. We see it in medical and legal malpractice cases, when people sue the doctor or lawyer and the hospital or law firm.
In Oregon here are the key concepts:
A corporation can only act through the people it employs. So, the acts of the person are considered the act of the corporation if the act is within the "scope and course of employment." For example, a trucking company is responsible for the truck accident. However, if the trucker is off duty at home and runs into someone with his car, that is not an act within the scope and course of employment.
Sometimes, people are not actual "employees" but serve as the agent of someone else. An agent is someone who the principal or "boss" authorizes to act on his or her behalf plus the boss may control how the agent does the work. Again, if the agent acts within the scope and course of the job, then the principal or boss may be sued along with the agent.
You can find other definitions of legal terms here.
I guess we'll see how the Jersey Shore lawsuit turns out.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
