Los Angeles, CA - Court of Appeal Allows Suit Over Rabbi’s Alleged Attack on Writer
Los Angeles, CA - A Jewish writer who claims that a local rabbi attacked and injured her after they argued about Middle East politics can sue the organization he works for, the Court of Appeal for this district has ruled.
Reversing a contrary ruling by Los Angeles Superior Court Judge James A. Bascue, the panel said there was sufficient evidence for a jury to decide whether Chaim Seidler-Feller was acting in the role and scope of his employment when he allegedly attacked Rachel Neuwirth three years ago.
Neuwirth sued Seidler-Feller, saying that in results of an argument outside Royce Hall on the Westwood campus, following an address by Harvard Law School’s Alan Dershowitz, Feller “flew into a rage,” called her “a liar,” grabbed and twisted her right hand and scratched her thumb and index finger with his fingernails. Neuwirth said she was shocked and outraged, causing her to exclaim that Seidler-Feller was a "kapo".
The rabbi had to be pulled off Neuwirth by "three or four large college men," Neuwirth claims.
The plaintiff asserted that the organization that Feller works for was a co-sponsor for the Dershowitz event; and the rabbi was doing his duties, engaging in public discussion on issues of Jewish interest. She also contended that the organization should have been aware of Seidler-Feller’s tendency towards violence.
Justice Fred Woods, in an unpublished opinion for the Court of Appeal wrote. “It is not clear from the allegations whether the attack was personal or business-related. Consequently, whether the attack was attenuated from Seidler-Feller’s work, i.e., whether the attack arose out of Seidler-Feller’s employment or whether he substantially deviated from his duties for personal purposes, and whether the attack was unusual or startling given this rabbi’s duties and his prior history are fact issues which cannot be determined at the demurrer stage.”
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