Case details

Defense denied employee started altercation with customer

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, fear, mental anguish, nervousness, trauma
FACTS
On Aug. 26, 2014, plaintiff Darrell Archer, 66, a retired ironworker, attempted to exited a Costco warehouse, in Vallejo, with merchandise when he was asked by a Costco employee to show his sales receipt. Archer declined to show the receipt, left the warehouse, and proceeded with the merchandise into the parking lot, toward his vehicle. As a result, he was followed into the parking lot by another Costco employee, Angelo Russell, who reminded Archer of Costco’s receipt policy. Russell then requested that Archer simply comply with the policy and present the receipt for inspection. An altercation subsequently ensued. Archer sued Russell and Russell’s employer, Costco Wholesale Corp. Archer alleged that Russell’s actions constituted assault and battery and that Costco was liable for Russell’s actions. Archer also alleged that Costco was liable for the negligent training and supervision of Russell. Archer, appearing pro se, claimed that Russell forcibly grabbed his merchandise and that Russell “rammed” his shoulder into his side. He admitted that he took a swing at Russell with his right hand, but missed. He also admitted that he gripped Russell by the left shoulder and cocked his right hand back again before disengaging. However, Archer claimed that he was only defending himself against Russell’s actions. For some portions of the trial, Archer was allowed to proceed in pro per, and allowed to personally conduct cross examination, jury selection, and a closing argument. Plaintiff’s counsel also conducted direct and cross examinations, as well as a portion of the closing argument. No experts were called. Defense counsel denied Archer’s allegations, and noted that video from the Costco warehouse showed Archer exiting the premises without showing his receipt. However, there was no video of the alleged interaction between Russell and Archer that occurred outside of the warehouse. Defense counsel contended that Russell did not initiate any physical contract whatsoever and argued that Archer became upset when he was questioned about his receipt and physically threatened Russell. Counsel further noted that Archer was 6-foot, 5-inches tall, weighing over 220 pounds, while Russell was 5-foot, 7-inches tall, weighing approximately 175 pounds. Thus, counsel argued that Russell was not a treat to Archer., Archer claimed that he suffered mental anguish, trauma, anxiety, nervousness, and fear as a result of the altercation. He subsequently sought recovery of general and punitive damages.
COURT
Superior Court of Solano County, Solano, CA

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