Word of the Month for June 2018: Respondeat Superior

Have you ever run into someone who was looking for a lawsuit?  I'm betting you have but just didn't know it.

Here's a tip: they are critical of everything and hang on your every word. Heck, they might even write down everything you say (and hold it against you later).

Such was the scenario I had the other day. Lady comes in hotter than Arizona asphalt in August. Seems Lady's neighbor has a wiener dog that barks "all the time; day and night."  

At wits end, Lady is mad as Hades, isn't going to take it anymore, and is looking to exact some righteous retribution against neighbor.  

Right off the bat, I start thinking out loud and she starts writing down what I'm saying and demands I slow down. "Repeat what you just said," she screeched.  

While most things that come out of my mouth is pure scripture, I'm not about to repeat anything that can be used against me and so I said I can't remember (which is kinda true; I mean, who really pays attention to what they say when they're thinking out loud?).  Regardless, Lady flips out and demands to see my boss. 

Of course, this brings us to our word of the month: RESPONDEAT SUPERIOR.  According to Black's Law Dictionary, RESPONDEAT SUPERIOR

is Latin for "let the superior make answer."  It is the doctrine holding an employer or principal liable for the employee's or agent's wrongful acts committed within the scope of the employment or agency (also termed master-servant rule).

Turned out boss wasn't around and Lady wants to file a complaint against me (well, my employer, anyway) because I can't remember what I just said.  So, to recap, she wants me to help her find resources to sue her neighbor AND resources to sue my employer.  That's like digging a grave so you can lay down in it.  

Well, what would you do?  Well, I dug a grave and dutiful Librarian that I am, suggested she first take a look at:

• Neighbor Law (Nolo Press)
• California Torts (Lexis)
• American Jurisprudence Pleading and Practice Forms Annotated (TR)

to work up a complaint against neighbor and the dog.  Then I suggested she take a look at 

• California Civil Practice: Torts (TR)
• California Forms of Pleading and Practice (Lexis)

to work up a complaint against my employer - because that's how I roll. I help everyone regardless of their level of sanity.

Heck, she doesn't have a chance against neighbor NOR does she have a chance against me.  So, what do you think Lady's gonna do when she unloads on the judge when said judge grants a demurrer in both actions?  

Yeah, those are going to be some hairy fireworks.