Section 41 Assault

• Library: Employer-Employee Law 2008

Threats of violence may be actionable as civil assaults if they involve sufficiently severe facts, going beyond mere hostility and workplace friction, even if unaccompanied by a battery. Assault is defined as “any unlawful offer or attempt to injure another with the apparent present ability to effectuate the attempt under circumstances creating a fear of imminent peril.” Phelps v. Bross, 73 S.W.3d 651, 655 (Mo. App. E.D. 2002); Geiger v. Bowersox, 974 S.W.2d 513, 516 (Mo. App. E.D. 1998) (citing Adler v....