Question

Patty Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Patty, who has taken nothing, denies any wrong doing. The officer insists and takes Patty to a small room in the back of the store. The guard tells Patty that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Patty is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Patty that she is free to go.

About this same time, Gerry Golfer is hitting golf balls in his backyard. Gerry decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Patty Plaintiff on the head and knocks her unconscious just as she is leaving the store.

Five days later, after recovering from her injuries, Patty returns to work at Acme Corporation. Unfortunately, she used her company email to send her mom a personal email about her injury despite being aware that Acme’s company policy prohibits use of company email for personal communication. Patty’s supervisor, Barry Bossley, discovers Patty’s violation and Patty is reprimanded. When Patty goes home she uses her personal computer to post disparaging comments about her boss and Acme Corporation on social media. The next day Patty is fired from her job.

What are the possible tort claims that Patty can make against Cash Mart?Discuss the elements of the claim and how those elements relate to the facts in the scenario.

What are the possible tort claims that Patty can make against Cash Mart?Discuss the elements of the claim and how those elements relate to the facts in the scenario.

Answer 1

A possible tort claim that Patty can make against Cash Mart is the tort of false imprisonment which is an act in which the defendant made an unlawful confinement of the plaintiff. She was intentionally held captive in a room, not of her choice, against her consent for over an hour. She was threatened that if she tried to leave, she'd be arrested. They had no proof and accused her falsely. It was an unlawful restraint on her liberty and freedom within a room without any legal authority, justification and consent.