IS LITIGATION YOUR FINAL ANSWER? 691
Under the proposed modified tort of Intentional Infliction of
Workplace Abuse (“IIWA”), the Target would only need to
show that he or she was exposed to bullying conduct that was
“intentional or reckless” consisting of “two or more negative
acts on a weekly basis for at least six months,” which resulted
in “mental or physical harm.”^78 Chaplin has argued that since
tort law may readily evolve to address different claims in
changing circumstances, IIWA is a more appropriate solution to
workplace bullying.^79 Unfortunately, he admits that “courts are
not inclined to adopt new causes of action.”^80 Moreover, Chaplin
suggests IIWA as a solution partly due to the Healthy Workplace
Bill’s failure to be passed.^81 Though IIWA is a creative solution,
it may be unnecessary for courts to wait for the right factual
situation to adopt the modified tort if the Healthy Workplace Bill
is passed into law.
A recent case may signify a willingness among courts to
utilize common law civil assault to address workplace bullying.
In Raess v. Doescher,^82 the Indiana Supreme Court affirmed a
jury award for civil assault^83 for a Target of workplace bullying.
In that case, the plaintiff Doescher was a cardiovascular
perfusionist during a medical procedure performed by the
defendant Dr. Raess.^84 When the two men entered into a work-
related argument, Dr. Raess’s face turned red, and with his fists
balled at his side, he angrily walked towards Doescher, who
(^78) Id. at 462–63.
(^79) Id. at 466.
(^80) Id.
(^81) Id. at 453.
(^82) Raess v. Doescher, 883 N.E.2d 790 (Ind. 2008).
(^83) Civil assault is an act intended to cause harmful or offensive contact,
causing the victim to fear such contact. See RESTATEMENT (SECOND) OF
TORTS § 21 (1965).
(^84) Raess v. Doescher, 858 N.E.2d 119, 121 (Ind. Ct. App. 2006),
vacated, 883 N.E.2d 790 (Ind. 2008). During open heart surgeries or other
heart procedures, a cardiovascular perfusionist operates circulation equipment
when a patient’s circulatory or respiratory functions need to be artificially
supported or temporarily replaced. See Cardiovascular Perfusionist, MAYO
SCH. OF HEALTH SCI., http://www.mayo.edu/mshs/careers/cardiovascular-
perfusionist (last visited Apr. 5, 2013).