Action for Battery with Respondeat Superior Allegations Against Principal

§5:46 Action for Battery With Respondeat Superior Allegations Against Principal

SAMPLE ALLEGATIONS

1. Defendant JONES intended to cause a harmful and/or offensive contact to the person of plaintiff JOE ROE.

2. Defendant JONES’s conduct was substantially certain to cause a harmful and/or offensive contact to the person of plaintiff JOE ROE.

3. Said conduct was intended to cause harm and injury to plaintiff JOE ROE.

4. Plaintiff did, in fact, suffer a harmful and/or offensive contact as a direct result of FATHER’s conduct.

5. In doing the acts alleged herein, defendant JONES used the power and authority conferred upon him by defendant as volunteer coach and school chaperone to get access to minors such as JOE ROE for his deviant purposes. It is predictable and foreseeable, given DEFENDANT SCHOOL’s negligent supervision of JONES, and of JOE ROE and other students, that someone in JONES’s position would abuse the power and authority defendants conferred upon him by engaging in battery. As such, JONES’s conduct is incident to his agency with defendants, so as to be fairly attributable to DEFENDANT SCHOOL.

6. As a further direct result of JONES’s conduct, plaintiff JOE ROE was caused to suffer the harm as more fully described in this Complaint.

COMMENT

This is similar to the sample pleading for assault as intentional misconduct against an agent and a principal. [For an example pleading assault, see §5:45.]