Marty Mad is anemployee of Big Box. When Marty was hired, Big Box was in a jam to get moreworkers, so it did not do a background check. Marty works as a stocker andoccasionally as a checker.
One night, Marty is furious at his supervisor for refusing his vacationrequest. He storms to his checkout line, still upset, and begins to help acustomer by slamming groceries into the bags, throwing items in the cart, andyelling at the customer to hurry and pay. When the customer asks, “What iswrong?” Marty punches the customer in the arm and pushes the cart into thecustomer’s stomach with such force that the customer falls to the floorinjured.
a. The customer sues Big Box. Youreview the facts and Marty’s employment file. Since there was no backgroundcheck, you order one and find that Marty does not have a criminal record.Discuss whether you believe Big Box is liable.
b. Now suppose thatMarty is so mad (after hearing that his vacation request was denied) thatinstead of reporting to the checkout line, he runs out of the building andpurposely knocks down the kids bikes on display out front as he heads for hiscar. Several of the bikes fall on a child who was looking at the bikes. Thechild’s parents sue the store. Discuss whether you believe Big Box is liable.