Legal Question in Personal Injury in Maryland

Intentional infliction of Emotional Distress

Does an employee tortiously injured by his supervisor who was acting within the course of his employment have to sue both the supervisor and the employer in order to recover damages? Is suing the employer under the doctrine of Respondeat Superior sufficient?


Asked on 10/02/07, 7:18 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Intentional infliction of Emotional Distress

If the injury was caused by an intentional act, as the title to your question implies, you can sue both, but in order to recover against the employer, you would have to prove that the act was in furtherance of the employer's business, or that the employer ratified the act. For example, if you got into a fight with the supervisor on your lunch hour over a personal matter, that would probably not give rise to respondeat superior. However, if the supervisor accused you of not doing your job right and shoved you as part of the conversation, that might qualify.

If the injury was due to negligent (rather than intentional) conduct on the part of the supervisor, you would have to bring your claim under workers' compensation.

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Answered on 10/03/07, 9:26 am
Adam Katzen Law Offices of Adam B. Katzen, P.C.

Re: Intentional infliction of Emotional Distress

If depends on the facts and circumstances. If you would to discuss this matter in detail, please email me at [email protected].

Thank you.

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Answered on 10/02/07, 7:34 pm


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