The Stomp Speech and the Flip Flopper: Gingrich’s Staff Accused Of Assaulting Paul Supporter

Newt Gingrich has made it known that he will not tolerate flip floppers like Mitt Romney. His staff, however, took that to a new extreme by allegedly assaulting Ron Paul supporter Eddie Dillard who appeared at a Gingrich event with an opposing campaign sign. According to witnesses, Gingrich staff yelled for “everyone to step on his toes.” Dillard was wearing flip flops and was injured after he said a security member used his heels to grind into Dillard’s foot. The case could present an interesting tort lawsuit and a question of respondeat superior where an employer is liable for the torts of his employees if they are acting in the scope of their employment.

In this case, reports state that at least one Gingrich supporter encouraged staff and supporters to block Dillard and assault him. The report below states that “Gingrich aides and security personnel swarmed Dillard” and began to stomp him, including an aide who screamed “Just block him!. Everyone step on his toes!”

The description raises a straightforward case of assault and battery. The question is whether such tortious conduct would extend to the campaign and Gingrich. In addition to a claim of vicarious liability through respondeat superior, there is also the possible claim or negligent hiring or training. Island City Flying Serv. v. Gen. Elec. Credit Corp., 585 So.2d 274, 276 (Fla. 1991). Like other states, an employer in Florida is liable “if the wrongful act is done while the employee is acting within the apparent scope of his authority as such employee to serve the interests of the employer, . . . unless the wrongful act of the employee was done to accomplish his own purposes, and not to serve the interests of the employer.” Gowan v. Bay County, 744 So.2d 1136, 1138 (Fla. 1st DCA 1999), Stinson v. Prevatt, 84 Fla. 416, 94 So. 656, 657 (1922)/

Often intentional torts or crimes are ruled as falling outside of the scope of employment. However, there are exceptions, particularly when security staff are involved.

Assuming that these were campaign aides or staff, the question would become whether they were engaged in a “frolic or detour.” This act, if proven, was committed as part of a campaign event to facilitate the campaign activity. This would appear to fit the model of a respondeat superior case. That could add a new dimension to Gingrich’s promises for “tort reform.”

Source: Yahoo

38 thoughts on “The Stomp Speech and the Flip Flopper: Gingrich’s Staff Accused Of Assaulting Paul Supporter”

  1. I know this Edward Dillard!! He pays girls that he meets on websites for sex. I even know one of the girls who he paid for sex. She reported him because HE was violent towards HER. This guy is seriously messed up, thinking he can sue when his foot is stepped on,yet he pays for sex and is violent himself. All the while, his wife sits at home with their FOUR children. What a joke! Its not so funny when someone hurts you Mr. Dilliard, now is it?

  2. Obviously,Christians like Newt.If so! they may as well close their doors to enrollment because they are useless to man kind….Thanks South Carolina for all the help America loves you…Idiots!!…Not really!

  3. Newt Gingrich Sued For Stomping Incident

    ORLANDO, Fla. — A central Florida man is suing Newt Gingrich, claiming a security officer for the Republican presidential candidate stomped on his foot “like he was stomping out a cigarette.”

    Edward Dillard claims his foot was fractured by the security team after voting Tuesday in the Orlando suburb of Windermere.

    Dillard was wearing a Ron Paul T-shirt and holding a sign when Gingrich arrived. The lawsuit claims a “swarm” of security guards from Patriot Group International surrounded Dillard and one stomped on his foot while he was wearing open sandals, causing a fracture.

  4. Swathmoremom.
    I live outside of Philly, montgomery county, and met Sestask years ago when he first ran. I was impressed with him but felt ego got in the way of common sense. Specter had the clout and the name recognition. Given his health there was a chance if Specter won he would not have served out his term but I think it was not Sestak’s time, and wonder if, because of that, to me, wrongheaded move, he will be able to run again for senate. I was for him once he was our nominee but blame him also for Toomey’s win.

  5. carol, I have spent a lot of time in Philly and the suburbs. I am not sure Sestak should have run for the senate although I was for him.

  6. Thanks Rafflaw
    Swathmoremom I am in Pa. With the win by Corbett and Toomey 2 extreme right wingers I am hoping the electorate sees what these guys have done to Pa. and that rep-ub is not the way to go for this coming election.

  7. SwM
    Switch to a popular vote instead.
    Electoral college, winner take all state by state is just an extension of gerrymandering voting districts.

  8. Dredd.
    Social studies show that early low IQ leads to settling into right wing ideology and prejudice, after even very little exposure to it.

    It’s easy: If you can’t think for yourself, then it’s also easy to let others do it for you. Or is it too simple. I notice that almost reflex wise folks get upset when you question authority, at least their figure of authority. Don’t rock my boat. Don’t take away my anchor.

    On July 18 of 1969, as the world waited anxiously for Apollo 11 to land safely on the surface of the Moon, speechwriter William Safire imagined the worst case scenario as he expertly wrote the following sombre memo to President Nixon’s Chief of Staff, H. R. Haldeman. Its contents: a contingency plan, in the form of a speech to be read out by Nixon should astronauts Neil Armstrong and Buzz Aldrin become stranded on the moon, never to return, followed by some brief instructions relating to its broadcast. Luckily for all those involved, the memo was never needed.

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