5.7 Ethies Case LaShawna Goodman went to a local the boat drove slowly toward sh

Question

5.7 Ethies Case LaShawna Goodman went to a local the boat drove slowly toward shore. When the boar Walmart store in Opelika, Alabama, to do some last-minute 200 yards from shore, Denise and Lindsay Lynam begn ETHICS CASES holiday shopping. She brought along her two young daugh- swimming to shore. Sometime between 3:00 and 3:30 ters and a telephone she had purchased earlier at Walmart Lindsay noticed that Denise had disappeared beneath the to exchange She presented the telephone and receipt to a water's surface. The friends called 911 and began searching for Walmart em another telephone she w ployee, who took the telephone. Unable to find Denise. One of the friends called Denise's father, Jay Colbert, by Police and other rescuers arrived around 3:45 A.M, and anted, Goodman retrieved the pre- and told him that Denise had fallen off the boat and telephone from the employee, bought could not find anodher ferm, and ef Oursides e andothr resces arrived around 3:45 AM Walmart security personnel and was accused of stealing the Mr. Colbert arrived sometime thereafter. Mr. Colbert wen phone. Goodman offered to show the Walmart employees the to a friend's dock, where he could watch the rescuers search ginal recipt, but the Walmart employees detained her and for Denise. The rescuers searched with boats, spotlights, and called the police. Goodman was handcuffed in front of her divers. Sometime after 6:00 A.M., the rescuers found Denise's hildren. Walmart filed criminal charges against Goodman. body. About 10 minutes later, Mr. Colbert saw the rescuers At the criminal trial, Goodman was acquitted of all charges. about 100 yards away, pull a body out of the water and onto Goodman then filed nc., to recover the telephone and false in defense that it was within its rights to have detained Goodman a civil lawsuit against Walmart Stores, falsely accusing her of stealing rt asserted the boat. The rescuers wrapped the body in a blanket and placed the body in an ambulance while Mr. Colbert looked on. The medical examiner reported the cause of Denise's death as drowning. The examiner noted two other significant condi- tions: high levels of carbon monoxide and ethanol toxicity mprisonment. Walma it did and to have prosecuted her based on its investiga- tion. Walmart asserted that the merchant protection statute that would come from a boat's engine. protected its actions in this case. Was Walmart's conduct Thereafter, Mr. Colbert saw a psychologist, who later tes ethical? Did Walmart act responsibly by bringing criminal tified that Mr. Colbert was suffering from severe emotional charges against Goodman? Did Walmart present sufficient distress caused by the death of his daughter. Mr. Colbert sued evidence to prove that it should be protected by the merchant Skier's Choice, Inc., the manufacturer of the boat, to recover protection statute? Walmart Stores, Inc. u. Goodman, 789 So.2d damages under the doctrine of negligent infliction of emo- 166, Web 2000 Ala. Lexis 548 (Supreme of Alabama) Court tional distress. The trial court dismissed Mr. Colbert's claim. 5.8 Ethics Case Shortly after 2:00 A.M. one summer night, Mr. Colbert appealed. Is the defendant liable to Mr. Colbert 12-year-old Denise Colbert and several friends took a motor under the legal theory of negligence infliction of emotional boat out on Choice, Inc, had manufactured the Moomba brand boat they ing liability in this case? Colbert . Moomba Sports. Inc and were using. Denise and several of her friends jumped off the Skier's Choice, Inc, 135 P.3d 485, Web 2006 Lake Tapps. Denise had been drinking. Skier's distress in this case? Did the defendant act ethically by deny- boat into the water and held onto the boat's rear platform as Lexis 975 (Court of Appeals of Washington) Wash. App NOTES

Explanation / Answer

Walmart Stores Inc v. Goodman

Walmart’s conduct was not at all ethical. It was completely unethical. Walmart did not behave responsible by bringing criminal charges against Goodman without being looking into receipt offered by her.

Walmart did not provide sufficient evidence to be protected by merchant protection statute because they do not have any suitable evidence. They just saw her leaving the store with phone and refused to review the receipt. They wrongly made criminal charges against her.

Colbert v. Moomba Sports Inc and Shier Choice Inc.

Theory of negligent infliction of emotional distress here means when plaintiff suffers from emotional injury caused by seeing a physical injured relative from the actions of defendant.

In this case, the defendant is not liable to Mr. Colbert under the legal theory of negligent infliction of emotional distress because there was no such element present.

The defendant is only liable when there is no prior warning or indication given to consumers regarding the possibility of toxins due to the gases emerging out of engine. But if there is no such warning given then they could held the company liable.

They cannot hold them liable for emotional distress, because that is only applicable if Mr. Colbert has seen his injured daughter after accident. Rather he just saw her from 100 yards away.

So, there is no such element present where Mr. Colbert can held defendant liable for his emotional distress.

Related Questions

Navigate

• Browse (All)
• Browse 5
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.