In anticipation of the Christmas holiday season the defendant, Wal-Mart, store number 2103, had a receipt/bag checking policy in place to discourage shoplifting. If any relevant facts are in dispute, it shall be noted although, of course, the facts are to be viewed in the light most favorable to the non-moving party. However, the inferences, implications, and conclusions to be drawn from those facts most certainly are. The facts that are fundamental to the relevant events in this case are largely uncontroverted. With the record now complete, the defendant's motion for summary judgment is in a posture for decision. The defendant has also submitted a supplemental memorandum in support of its motion for summary judgment (# 52). Ball have submitted an opposition to Wal-Mart's dispositive motion (# 48). The litigation has progressed to the point where discovery has closed and the defendant has filed a motion for summary judgment including a concise statement of material facts (# 46), a memorandum of law in support, and an appendix of exhibits (# 47). On September 3, 1998, Wal-Mart filed an answer and eleven days thereafter, the action was removed to the federal court. Ball and her husband, Thomas Ames Ball ("Mr.Ball") filed the eight-count complaint in this case on Augin the Superior Court for Norfolk County, Massachusetts, naming as party defendant Wal-Mart, Inc. The shopping cart contained all of the items processed and purchased through the check-out counter. Ball's central allegation in this lawsuit is that one of these "greeters," a Wal-Mart employee, one James Harris ("Mr.Harris"), denied her egress from a Wal-Mart store and proceeded to search her shopping cart before letting her leave. In fact, it led to the filing of this lawsuit ten months later. Mary Claire Ball (hereinafter, "Ms.Ball") had an encounter with one of the "greeters" on Novemwhich did not leave her smiling. At times, Wal-Mart assigns the "greeters" to do other tasks. Wal-Mart prides itself on its policy of having "people greeters" with smiling faces who stand at the entrances to their stores presumably to "greet" shoppers. MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (# 46)ĬOLLINGS, Chief United States Magistrate Judge. Ruotolo, McKay & Ruotolo, Warwick, RI, for plaintiffs. Fahey, Craig & Macauley, P.C., Boston, MA, for defendants. Mary Claire BALL, Thomas Ames Ball, Plaintiffs,
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |