Council Woman Sues Mayor for Hitting Her with Stress Ball
A city council woman has filed a suit against the mayor and the city after the mayor threw a stress ball at her and caused her injury. According to the complaint, the ball struck the woman's face and detached her retina. This suit is to recover the amount over the city's insurance which is $500,000. The mayor was quoted as saying he didn't mean to hit the councilwoman in the eye, but she leaned in at the wrong time. The mayor was also quoted as saying he did mean to toss the ball at her, but wanted it to bounce off her. The ball was described as a nerf style ball. The mayor did claim that he intentionally tossed the ball at her, and therefore, he is likely liable for an intentional tort.
This incident may seem trivial at first, but the councilwoman required seven surgeries. She is essentially blind in one eye. This result probably seemed unlikely at the time the mayor threw the ball, but this is irrelevant for the intentional tort of assault. All that needs to be shown is that the act was volitional. This means the bad actor intended to do the act. Here, the mayor has admitted that he did intend to throw the ball at the plaintiff.
According to court documents, the city has not received the complaint, but the attorney for the plaintiff has stated the plaintiff's intention to sue the city. The city can be liable for several reasons. Most notably because this occurred at a meeting on city property.
Premises liability and safety of patrons of a business or public place plays an important role in our society. It is paramount to determine who bears the responsibility of an unsafe condition of a public place. The attorneys at Meyerkord, Meyerkord & Kurth, LLC have experience with premises liability cases and can help you recover for injuries that you or a family member sustain while on a business owner's property that is open to the public. Please call (314) 436-9958 or (800) 391-4318 for a no-obligation consultation regarding your potential case.
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