Marty Mad is an employee of Big Box

Marty Mad is an employee of Big Box. When Marty was hired, Big Box was in a jam to get more workers, so it did not do a background check. Marty works as a stocker and occasionally as a checker.One night, Marty is furious at his supervisor for refusing his vacation request. He storms to his checkout line, still upset, and begins to help a customer by slamming groceries into the bags, throwing items in the cart, and yelling at the customer to hurry and pay. When the customer asks, “What is wrong?” Marty punches the customer in the arm and pushes the cart into the customer’s stomach with such force that the customer falls to the floor injured.A. The customer sues Big Box. You review the facts and Marty’s employment file. Since there was no background check, you order one and find that Marty does not have a criminal record. Discuss whether you believe Big Box is liable.B. Now suppose that Marty is so mad (after hearing that his vacation request was denied) that instead of reporting to the checkout line, he runs out of the building and purposely knocks down the kids bikes on display out front as he heads for his car. Several of the bikes fall on a child who was looking at the bikes. The child’s parents sue the store. Discuss whether you believe Big Box is liable.

 

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