Case details

Store employees failed to stop customer altercation: plaintiffs

SUMMARY

$54290

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
face, head, soft-tissue injuries
FACTS
At around 8:40 p.m. on Oct. 30, 2012, plaintiff Sachin Prakash, 51, a registered nurse, was with his daughter, plaintiff Shaina Prakash, 16, a student, at WinCo Foods, a 24/7 supermarket located at 396 West Ashlan Avenue, right at the border of Clovis and Fresno. When a new checkout line opened up in the crowded store, Mr. Prakash got into a disagreement with a female shopper who wanted the same spot in line. The female shopper then called her husband and told him to “better come here and beat the sh-t out of this guy.” As a result, Mr. Prakash warned one of the employees at the store and asked for help, but he did not receive any. Eight minutes later, Ricardo Barboza entered the store. Shaina tried to intervene and jumped in front of her father. Thus, when Barboza went to hit Mr. Prakash, he struck Shaina’s face. Barboza then struck Mr. Prakash and continued to do so until other shoppers restrained Barboza. The incident was caught on the store’s video cameras, and Barboza was later apprehended and arrested. Mr. Prakash sustained to his head and Shaina sustained to her face. The Prakashs sued Barboza and WinCo Foods Inc. However, Barboza was never heard from again and was ultimately dismissed from the case, although his name remained on the verdict form. Plaintiffs’ counsel contended that the store employees should have stepped in and helped when they were told that Mr. Prakash and Shaina were being threatened. Counsel contended that, instead, the store employee responded by saying, “I’m sorry, I can’t help you.” Plaintiffs’ counsel contended that WinCo’s employee manual referenced certain employees as loss prevention specialists and security, which were supposed to deal with customer altercations. Counsel argued that the manual indicated that those job titles should have intervened in instances such as the subject altercation, but that in Mr. Prakash’s and Shaina’s case, nothing was done. Plaintiffs’ counsel further argued that WinCo’s loss prevention specialists and/or security should have done something to prevent the altercation, such as separating Mr. Prakash and the female shopper, kicking the female shopper out after she made the threat, or locking Mr. Prakash in the office to protect him. In addition, counsel argued that WinCo’s loss prevention specialists and security could have called the police, which they also did not do. Defense counsel argued that Mr. Prakash could have left the store when he knew he was threatened., Mr. Prakash was struck several times in the head until other shoppers intervened. As a result, Mr. Prakash was rendered unconscious. When he later regained consciousness at the store, he wanted to leave and subsequently drove home with Shaina. Mr. Prakash later presented to the emergency room at Kaiser Permanente Fresno Medical Center, in Fresno, where he was treated for his facial lacerations and underwent a CT scan to determine if he had any soft-tissue . He subsequently underwent rehabilitation for soft-tissue to his neck and he was evaluated for a temporomandibular joint (TMJ) disorder, as his jaw was struck. On Nov. 16, 2012, a Kaiser psychiatrist diagnosed Mr. Prakash with mild to moderate post-traumatic stress disorder as a result of the incident. Mr. Prakash claimed that he continues to recover from the incident emotionally. Shaina was struck on her nose and also went to the hospital. She was treated for swelling to her nose as a result of it being bruised. Shaina also claimed to be suffering from mild to moderate PTSD as a result of the incident.
COURT
Superior Court of Fresno County, Fresno, CA

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