Iverson
Iverson v. Atlas Pacific Engineering
Opinion
Lead Opinion
Newsom, J.
Appellant filed a complaint for damages against respondents Atlas Pacific Engineering (hereinafter Atlas) and its employee William Cook (hereinafter Cook), which contains causes of action for assault, false imprisonment, intentional infliction of emotional distress and negligence. All causes of action are based upon allegations that Cook wilfully “set up a steel horseshoe target directly above [appellant’s] place of work,” forced appellant to remain in confined quarters against his will, and repeatedly pounded a large sledge hammer against the target which subjected appellant to “loud crashing noises. ...” It is further alleged that Atlas “condoned and ratified” the conduct of Cook, after learning of it, by failing to “criticize, censure, terminate, suspend or otherwise sanction or take any action” against him. Appellant complains that his damages include loss of hearing, severe mental anguish, and physical pain and suffering, all of which required the attention of physicians.
This appeal is from a judgment dismissing the complaint, entered upon orders sustaining respondents’ demurrers without leave to amend and granting the motion of Atlas for judgment on the pleadings.…