CanI sue a fast food restaurant because the lady at drive through wrote “Huge Bitch” on my receipt?

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CanI sue a fast food restaurant because the lady at drive through wrote “Huge Bitch” on my receipt?

I still have the receipt. The owner laughed about it. Could I sue for emotional distress or public humiliation or anything? I talked to corporate and because it is a franchise they cannot do anything but let the owner know how he “should have” handled it.

Asked on December 19, 2011 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you can't sue, no matter how reprehensible the conduct was:

1) There is no protection against being insulted, and no compensation available for emotional distress caused by it.

2) Even if other people were present, this would not be defamation (whch is the closest thing to suing for "public humiliation"), since defamation is  only when there is a untrue factual statement made about someone to third parties, which damages that person's reputation; however, opinions are not defamation, no matter how hurtful, and calling you a "huge bitch" is an opinion, not a factual claim.


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