Case Analysis : R Mart Employee

The shopkeeper’s privilege does not protect Walmart from liability under the circumstances of the case. Although Navarro had the right to exercise shopkeeper’s privilege, Navarro had not enough evidence to consider Cockrell as a suspect and it is not reasonable that Navarro asked Cockrell to take off the bandage. According to the merchant protection statutes, merchants can stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if (1) there are reasonable grounds for the suspicion, (2) suspects are detained for only reasonable time, and (3) investigations are conducted in a reasonable manner (Cheeseman, 2015, P.87). Navarro was not fulfilled for the third condition because the investigation is unreasonable on putting the suspect in a risk of death. Since there was a risk of bacterial infection and it may cause death after the wound area exposed under the air, Navarro should

In 2001, Donnell Battie sued Walmart because a 16-year-old shopper picked up the store’s public address microphone and announced “Attention Walmart customers: all black people must leave the store.” Battie claimed that this incident caused him “severe and disabling emotional and physical harm” and sued Walmart for $1,000,000. Battie’s lawyer argued that his client was a subject of racial discrimination because Walmart did not properly secure its speaker system. The outcome of the case was not stated but Walmart was forced to change the PA systems throughout all its

The definition of detention is unclear and difficult to develop a framework when there is no actual physical restraint or legal obligation. A legal test for psychological detention could be whether a reasonable person would consider that his or her rights to act liberally have been removed but to comply in that particular circumstance. According to ss.9 and 10(b) of the Charter, Mr. Grant was considered detained even before he was asked what he possessed: initial police

Case: Rick Sanchez is an older white male, who carries a flask on him and can frequently be seen drinking out of it, this is concerning because of his pension of flying his hovercraft after having a few pulls and possibly endangering his life as well as his grandsons who is often with him. Rick Sanchez has complete disregard for the law, and lives on his own terms. He is wanted by the Galactic Federation for numerous crimes. He often acts with disregard for the lives of others. He has an extreme intellect which he uses by inventing things, though he does not try to sell these inventions to the benefit of his family. Sanchez does not hold a steady job and relies on his daughter Beth for housing and financial

(2) it was at least reasonable for jury to determine that, absent warnings, hiring one guard who primarily remained inside store was an insufficient response to known, repeated history of attacks on premises; and

The Georgia Shopkeeper’s Defense statute bars the Plaintiff’s suit. The statute bars recovery for false imprisonment by merchants or their agents when all of its elements are met. The Shopkeeper’s Defense statute provides in order to preclude recover the following three elements must be present: (1) reasonable suspicion of shoplifting, (2) reasonable time of detention, and (3) reasonable manner of detention. Ga. Code Ann. § 51-7-60 (2015). The Plaintiff and Defendant have agreed that the Plaintiff’s behavior on September 29, 2015, was sufficient to cause a reasonable person to suspect her of shoplifting, and that the length of the Plaintiff’s detention was reasonable. Therefore, the only element in dispute is the reasonableness of the manner in which the Plaintiff was detained. As such, R-Mart should be protected under the statute and the Plaintiff could only recover for false imprisonment if the facts alleged in the complaint demonstrates the manner was unreasonable.

Both the family, and the Wal-Mart acknowledge that the family was detained. The Wal-Mart associates believed that they had the right to stop the family based on the assumption of shoplifting, although they should not have physically restrained the family from advancing out of the store, nor denied Debra McCann’s offer of verifying the family’s identity.

STATEMENT OF FACTS: Sheila White interviewed with Marvin Brown and obtained a job as a “track laborer” with Burlington Northern & Santa Fe Railway Company. Shortly after her hire date, however, she assumed forklift operator duties. This new assignment still fell under the “track laborer” position description, and White occasionally performed those duties although her primary responsibility was operating the forklift. Three months into her new job, White complained to the company that her immediate supervisor was sexually harassing her on the job. He was temporarily suspended and required to attend sexual harassment training. White was then informed that she was being reassigned to track labor duties only. White

The Alison Peterson v. Grocery Depot Inc tort lawsuit is about an incident that occurs in countless grocery stores across the United States. Peterson is alleging Grocery Depot Inc. was negligent in their duty of care to her as a business visitor. Grocery Depot Inc. as a property owner has a legal duty to maintain the grocery store premises in a safe and hazard free condition or to warn a customer about any situation that could be dangerous. Peterson alleges Grocery Depot Inc breached this duty, which resulted in her slip and fall.

-Also, the attorney general could request, before the week ended, that the implicated be detained for up three weeks. The detainees were not allowed to consult a lawyer, and many were held sequestered. (Pg. 167)

Case Review: Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993)

Someone had stolen goods from the freezer, and George was blamed for it. I was concerned about the way George was treated after the incident; he was being blamed and accused for something he probably didn’t do. He began to appear worse off. “But in the last couple shifts he’s been listless and unshaven, and tonight he looks like the ghost we all know him to be, with dark half moons hanging from his eyes.” (46) This reflects another right workers don’t have, which is the right to not have to deal with workplace harassment. With the exception of harassment due to age, race, religion, sex, color, national origin, or disability, bosses can harass their employees as much as they

The Aguilar-Spinelli test states that a magistrate must be informed of the reasons to support the conclusion that such an informant is reliable and credible. The magistrate must be informed of some of the underlying circumstances relied on by the person providing the information which also went by the name of the “two-prong” test. The totality of circumstances cancelled out the “two-prong” test with the rules suggests that there is no single deciding factor, that one must consider all the facts, the context, and conclude from the whole picture whether there is probable cause, or whether an alleged detention is really a detention, or whether a citizen acted under

Eisenberg made claim of sexual harassment and told of employees using illegal substances in the warehouse

Renee McDonald (“Plaintiff”) allegedly sustained personal injuries on October 8, 2015 while shopping at a store owned and operated by Costco (“Defendant”) in Brooklyn Park, Maryland. According to the plaintiff, while walking through the store, she tripped on mop water which caused her to fall to the ground and suffer “severe bodily injuries.” The Plaintiff claims that her fall was caused by the mop water. The mopped area had been secured with a yellow caution sign that warned customers of the wet floor. At the time of the Plaintiff’s fall, however, the sign had fallen down and was lying on the floor. Plaintiff alleges that the store did not have proper signage to warn of the hazardous condition.