The following CNN news video comes out of Houston, Texas. The clip was provided by KHOU. Bradley Jones worked for years at Fred Fincher Motors. While there, he was shocked by fellow employees with a Taser, reportedly multiple times. Jones is now suing Fred Fincher Motors. This video was added to the CNN website on August 8, 2013.
Bradley Jones is interviewed for this story. He says he was humiliated by being Tasered in front of co-workers and employees. Of course, it doesn’t need to be said that it was painful.
From what I can tell, one weakness in his case is that he kept going back to work even after this had already happened. Also, there’s about a 99.9 percent chance that I would file criminal charges against anyone who did this to me. It absolutely is a crime unless Jones somehow consented to the activity. I presume this is the co-workers’ defense – that they were just engaging in some kind of consensual horseplay. It’s a pretty weak defense unless there was a history of such harsh horseplay going on before Jones was first shocked.
Despite going back to work after this happened repeatedly, that does not mean Bradley is not a victim. Even if it could be argued that he was not a victim the 3rd or 4th time or whatever, the odds are that he was a victim that first time.
As to the Fred Fincher Motors’ liability, they might claim that the Taser incidents were possibly criminal behavior that was outside the scope of the employees’ duties. This seems like an exceedingly weak defense, however. If that is true, then why weren’t those employees immediately fired for committing crimes at work? Also, the employer allowed it to continue. So they might also be liable under a theory that they allowed such a situation to continue on their premises.
In the end, a jury would be hard-pressed to conclude that a man, either expressly or impliedly, consented to such a violent act, unless there is specific evidence of such consent. Despite some weaknesses that may reduce Jones’s damages, he seems to have a pretty strong case.