papers. He grew more upset, his lined skin mottled with pink. âThen the next thing I know, yesterday, Iâm being served with a lawsuit.â
âWho would be suing you?â Mary asked, incredulous.
âRobertson hired a lawyer named Machiavelli, if you can believe that, and theyâre suing me and the school district, claiming that Patrick attacked Robertson with a scissors.â
âWhat?â Mary felt her blood begin to boil.
âItâs a complete fabrication.â Edward handed Mary the suit papers. âHere, take a look. But I know my grandson, and he did not attack anybody with a scissors. Heâs not aggressive. He doesnât have it in him. Itâs not possible.â
âBear with me while I read this.â Mary skimmed the cover letter on Machiavelliâs letterhead, then she turned to the facts and read aloud: â⦠the Defendant Patrick seized a scissors from the teacherâs desk and lunged at Plaintiff with the weapon, attempting to do him grievous bodily harm.â
Edward scoffed in disgust. âThatâs false.â
âHas Patrick ever been disciplined in school, for fighting or violence?â
âNo, not once.â
âWhat about when the other kids tease him?â
âNo, never. He just cries or gets sick. He wonât hit back, heâs little.â
âDoes he tell the teacher?â
âNo, he hides it, like with Robertson. He doesnât want trouble.â
âPoor kid.â Mary flipped the pages to the causes of action, where it set forth claims against the OâBriens for battery, assault, and intentional infliction of emotional distress. Again, she read aloud, â⦠Plaintiff was so frightened by the assault and battery by Defendant Patrick that Plaintiff has been unable to return to his position and was compelled to terminate his employment and seek psychiatric counselingâ¦â
Edward groaned. âCan he win on that?â
âDoubtful. He has proof problems with the assault and battery claims, and to qualify as intentional infliction, an action has to be extreme and outrageous. I doubt a court would find it met by a little boy lunging at an adult male, even with a school scissors.â
âGod, I hope not.â Edward frowned. âWhy are they doing this, then? Is it a money grab?â
âYes, but youâre not the deep pocket here, the school district is. Wait âtil they find out itâs not so easy to sue the district, they have immunity.â Mary returned her attention to the Complaint and flipped to the causes of action against the school district, which were for Negligence and Breach of Contract. She read aloud: âDefendant School District has a duty to keep the Plaintiff safe from harm while performing his jobs on school grounds and also has a duty to train Plaintiff on how to deal safely with violent and emotionally disturbed âspecial educationâ students at the school. Defendant School District breached each such duty to Plaintiff and Defendant School District was grossly negligent in compelling the Plaintiff to deal with a violent, emotionally disturbed âspecial educationâ student on his own, untrained and unsupervised.â
Edward shook his head. âRobertson punches my grandson, then turns around and sues us and the school?â
âItâs hard to believe.â Mary wondered if Machiavelli knew that Robertson was lying, but she wouldnât put it past him. To Machiavelli, the end justified the meanness.
âRobertsonâs asking for half a million dollars in damages, claiming he canât return to work, and heâll have psychiatric and medical expenses.â
Mary fumed. âBut wait, if Patrick really attacked Robertson, why didnât Robertson report it to the police? Or the school?â
âI donât know.â
âI bet I do. Robertson didnât think of it right away. Itâs some