Can you be sued? Sure. You can be sued by almost anyone.
WILL you be sued? Probably not. At least not right away.
If the logo mark is that close in design and the other company chooses to do something about it, you will most likely receive a letter or email asking you to stop using the logo, or a cease and desist letter from the lawyer of the company who owns the original mark. If you choose not to stop using the logo that the original company feels is infringing on their logo, then they may choose to sue you.
There are a lot of complexities to a situation like this (is the logo registered? How big the companies are, etc) and you should really consult a lawyer if you are really serious about keeping the logo you already feel infringes on someone else's design.
But the easiest thing, and cheapest if you are at the beginning stages of creating a brand identity, is to create a new and original logo.
GoofyMonkey is not a lawyer. The above answer was given strictly as an opinion in order to gain upvotes and increase his reputation rating on this site. If you would like a real answer about the law in this matter, please consult a lawyer and not a Graphic Design Forum on the internet.