Article from the wire:

[quote] DETROIT (AP) -- A judge says several Detroit Tigers players engaged in ``shameful and disgraceful'' behavior toward a flight attendant on the team airplane. ADVERTISEMENT


Lisa Kesner, of Lima, Ohio, filed a sexual harassment lawsuit claiming that players and others subjected her to unwanted physical touching and drunken and lewd behavior, beginning on her first flight with the team in April 2000.

U.S. District Judge Lawrence P. Zatkoff criticized the ``hubris of the players, engaging in behavior that would be rightfully deemed unacceptable if performed by anyone else in society ... simply because of their ability to hit a ball with a bat and run around the bases,'' The Detroit News reported Tuesday.

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She's got a very tough lawsuit to win. From the article, it appears that the Judge threw out all of her claims except for a sexual harassment claim against her employer, Olympia Airlines.

Employers are not automatically liable for sexual harassment by that employers' customers. The Detroit Tigers who were on the airplane were merely customers. She'll have to prove either (1) that putting up with the sexual harassment was made a term or condition of her employment, or (2) the employer knew and failed to do anything to correct the situation after she complained. If this happened on only one flight ... and never happened after she complained to Olympic Aviation, then she has no case.

My question is this: if at least one Detroit Tiger player groped her mid-flight, why didn't she sue that player for assault and battery? Even if the guy's making major league minimum, that's more than the typical waitress-in-the-sky. There'd have been assets to go after.

And as far as the allegation that Bobby Higginson used profanity ... I'm not a Bobby Higginson fan. I really don't like the guy. Assuming he did what she claimed, and he probably did: He was acting improperly. What he did was wrong. It was impolite. It is NOT, however, grounds for a lawsuit. Get over it.

Cite the guys for disorderly conduct.

[quote]Originally posted by Charlie in the Trees:
Assuming he did what she claimed, and he probably did: He was acting improperly. What he did was wrong. It was impolite. It is NOT, however, grounds for a lawsuit. Get over it.

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Wasn't this essentially what happened in the Eric Lindros "alleged-beer-spitting" incident?

Edt4Typo

[ July 16, 2002: Message edited by: Wurm ]

If I recall correctly, you don't sue people for assault & battery, you press those charges against them. They might do jail time for it if convicted, but the plaintiff wouldn't see a cent from it.

[quote]Originally posted by Matt the Bruins fan:
If I recall correctly, you don't sue people for assault & battery, you press those charges against them. They might do jail time for it if convicted, but the plaintiff wouldn't see a cent from it.

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Not true. You can proceed with a civil suit against someone for the "torts" of assault and battery.

Incidentally, assualt doesn't mean what most folks think it does. Assault is defined as an attempt or threat to inflict injury, combined with the apparent means to do so. Battery is actual unlawful or impermisible application of force. In other words, assault is just a threat; battery is the actual contact.

[quote]Originally posted by Charlie in the Trees:
Battery is actual unlawful or impermisible application of force. In other words, assault is just a threat; battery is the actual contact.

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http://www.newsoftheweird.com/archive/nw020414.html

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As a longstanding part of his lecture on "assault and battery," University of Virginia torts professor Kenneth Abraham said he gently taps the shoulder of a student at random in his class to illustrate the principle that even negligible unwanted contact can be costly if the victim is uniquely vulnerable in ways that no one could have expected. Indeed, Abraham did not know that a student he tapped recently, Marta Sanchez, had been raped a while back and that the tap apparently triggered fear and stress. In March, Sanchez filed a $35,000 lawsuit against Abraham, claiming that the tap constituted assault and battery. [Associated Press, 3-26-02]
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[quote]Originally posted by twin58:
As a longstanding part of his lecture on "assault and battery," University of Virginia torts professor Kenneth Abraham said he gently taps the shoulder of a student at random in his class to illustrate the principle that even negligible unwanted contact can be costly if the victim is uniquely vulnerable in ways that no one could have expected. Indeed, Abraham did not know that a student he tapped recently, Marta Sanchez, had been raped a while back and that the tap apparently triggered fear and stress. In March, Sanchez filed a $35,000 lawsuit against Abraham, claiming that the tap constituted assault and battery.

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Professor Abraham! My torts professor!

This thread goes full circle: Ken Abraham was a fraternity brother of DONALD FEHR at Indiana University.

The thread goes full circle.

It took me long enough to find that. I recalled seeing it in print, but I had to search _NOTW_ week by week online.

Since when is accepting (putting up with) sexual harassment part of a job discription? That is insane, immoral and I'm sure illegal. However she should have realized this is a possibility. If she doesn't like it then quit. Hire me instead.