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Friday, August 28, 2015

Dallas Rape Victim Awarded $21 Million Following Civil Lawsuit Against Lascivious Job Interviewer

Is sexual assault or rape compensable in a civil lawsuit? If so, what is the cause of action?

In many Texas personal injury cases, plaintiffs plead the cause of action known as “negligence,” which essentially asserts that the defendant failed to act reasonably given the facts and circumstances at hand. Negligence does not involve an intentional mental intent, and it often occurs as a result of an accident or reckless behavior.

On the other hand, a body of law known as “intentional torts” addresses misconduct against a plaintiff that involve purposeful, intentional conduct. Intentional torts include assault, battery, false imprisonment or intentional infliction of emotional distress, and are equally as compensable as accidental negligence.

In one recent case, a Dallas-area woman recovered $21 million in a civil lawsuit for damages against a restaurant owner accused of sexually assaulting her during a job interview in 2011. Following a four-day bench trial (i.e., a trial without a jury), the court ordered a $21.43 million verdict after hearing testimony that the interviewer lured the victim with beer and whiskey under the pretext of a job interview. After passing out, the victim awoke in a nearby hotel room while the defendant was engaged in overt sexual activity.. After he fled the scene, the victim alerted authorities and the perpetrator eventually pleaded no contest to the sexual assault charges. He filed for personal and business bankruptcy protection the day following the assault. Ttragically, his violent sexual assault resulted in the transmission an incurable herpes simplex virus to the victim.

At the conclusion of the trial, the judge remarked that the facts of this case were some of the most egregious in recent memory, resulting in one of the largest bench trial verdicts in Dallas County history.

If you or someone close to you has recently been injured and/or sexually assaulted by another person and would like to discuss your rights under Texas personal injury laws, please do not hesitate to contact Sawicki Law by calling 888.468.8844 today  Our skilled, compassionate attorneys are available to serve you anywhere in the state of Texas.


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