Coronavirus Incident Deliberately Caused by Supermarket Employee and Public Humiliation By Supermarket Director Do I Have a Case?

[HiFi]

I hope what happened to me recently never happens to any of you and I'm pretty sure with little evidence other than my word and a receipt and dated online comments by myself of the incident when it happened, there is little legally I can do but I just want to hear this from a few lawyers. For fear of retaliation by the store and employees involved, I am not naming the Specific Supermarket and location here.

Specifically on March 28, 2020, after the Governor, Mayor and President of the US had stated their 6 Foot Spacing distancing to prevent Coronavirus Infection, I went to a Big Name Supermarket in Los Angeles to purchase a few essentials. I was wearing both a mask and gloves and the Supermarket had put markers on their floor at 6 foot intervals for people to be on line to pay for their purchases. I was waiting to check out behind one of these spaces when a store employee was standing and not moving in a spot less than 6 feet to the side of me. I politely asked him to please be 6 feet away from me as the Government said. Instead he deliberately walked 3 feet closer to me and smirked in my face. I had a fit. I was about to take his photo when the Regional Director of the Supermarket and his goons threatened me not to go any further and said I caused a disruption and tried to prevent me from paying and tried to kick me out of the Supermarket. I tried to explain that the employee did this to me deliberately and endangered my life but they didn't care because I "caused a disruption", their words. I basically refused to leave until they let me check out and pay and finally 10 minutes later they did. Only evidence I have is my Supermarket Receipt that shows the date, time and Supermarket Name/Location.

I'm guessing as I said I do not have enough evidence which they prevented me from photographing the employee, correct? I did not take this any further by contacting the Supermarkets Management or reporting this Supermarket by name publically online for fear of retaliation, though I did mention it online. I take it unfortunately, I do not have a case because of lack of evidence which they in part prevented me from obtaining? Is this correct Thank you for your time

 

[quincy]

I hope what happened to me recently never happens to any of you and I'm pretty sure with little evidence other than my word and a receipt and dated online comments by myself of the incident when it happened, there is little legally I can do but I just want to hear this from a few lawyers. For fear of retaliation by the store and employees involved, I am not naming the Specific Supermarket and location here.

Specifically on March 28, 2020, after the Governor, Mayor and President of the US had stated their 6 Foot Spacing distancing to prevent Coronavirus Infection, I went to a Big Name Supermarket in Los Angeles to purchase a few essentials. I was wearing both a mask and gloves and the Supermarket had put markers on their floor at 6 foot intervals for people to be on line to pay for their purchases. I was waiting to check out behind one of these spaces when a store employee was standing and not moving in a spot less than 6 feet to the side of me. I politely asked him to please be 6 feet away from me as the Government said. Instead he deliberately walked 3 feet closer to me and smirked in my face. I had a fit. I was about to take his photo when the Regional Director of the Supermarket and his goons threatened me not to go any further and said I caused a disruption and tried to prevent me from paying and tried to kick me out of the Supermarket. I tried to explain that the employee did this to me deliberately and endangered my life but they didn't care because I "caused a disruption", their words. I basically refused to leave until they let me check out and pay and finally 10 minutes later they did. Only evidence I have is my Supermarket Receipt that shows the date, time and Supermarket Name/Location.

I'm guessing as I said I do not have enough evidence which they prevented me from photographing the employee, correct? I did not take this any further by contacting the Supermarkets Management or reporting this Supermarket by name publically online for fear of retaliation, though I did mention it online. I take it unfortunately, I do not have a case because of lack of evidence which they in part prevented me from obtaining? Is this correct Thank you for your time

If the police were not called and you were not arrested or charged with any crime, and if you were allowed to pay for your goods and leave, I do not see that you have any need for “evidence.”

Everyone’s nerves are on edge. I would write off your experience as a sign of this and nothing more.

When I saw you had started a thread, HiFi, I sort of expected a hypothetical question about a TV show.

I am sorry that this wasn’t a TV show episode.

Stay safe.

 

[Mass_Shyster]

he deliberately walked 3 feet closer to me and smirked in my face.

From what you've written, you have no damages, so have no grounds to sue. You can't successfully for what could have happened.

If you've contracted Covid-19, and can prove that you contracted it from this individual, then you should talk to an attorney.

 

[quincy]

... If you've contracted Covid-19, and can prove that you contracted it from this individual, then you should talk to an attorney.

I see now that this was posted in the Personal Injury section of the forum.

There have been arrests of individuals recently who have purposely spit on or coughed on or sneezed on others, and who have done the same to delivered products, but I don’t see that the store employee clearly committed an arrestable crime and a civil action cannot be pursued without demonstrable compensable harm (none of which exists, yet at least - and hopefully won’t exist ever).

 

[Just Blue]

Px Hx

 

[HiFi]

I see now that this was posted in the Personal Injury section of the forum.

There have been arrests of individuals recently who have purposely spit on or coughed on or sneezed on others, and who have done the same to delivered products, but I don’t see that the store employee clearly committed an arrestable crime and a civil action cannot be pursued without demonstrable compensable harm (none of which exists, yet at least - and hopefully won’t exist ever).

The Mental harm as having been put through mental stress and having been publicly humiliated by the Supermarket Director.

 

[CdwJava]

The Mental harm as having been put through mental stress and having been publicly humiliated by the Supermarket Director.

Okay, then ... go out and interview some attorneys. Be prepared to pony up somewhere north of $15,000 as a retainer and start the process. Be sure to articulate damages .... which were ... uh ... what, exactly? How has this encounter harmed you? Not hurt feelings, but actual harm to your reputation, psyche, etc. Have you gone to a psychiatrist due to the trauma? Have you lost a job as a direct result of this event? What is the dollar value that will make you whole again?

Embarrassment or discomfort do not make for serious monetary claims. You can write a nasty letter to the store's corporate offices and management and maybe they'll send you a gift card in way of apology. But, I cannot imagine for one moment you'll get an attorney who will take this on for any amount of money you put on the table. .

 

[quincy]

The Mental harm as having been put through mental stress and having been publicly humiliated by the Supermarket Director.

Your best course of action appears to be to complain to the store’s management about the store employee and the treatment you received. Although I don’t doubt the incident led to your embarrassment, embarrassment alone will not support a legal action.

I recommend you find another supermarket to shop at or have necessary items delivered to your home.

 

[FlyingRon]

Being humiliated isn't a cause for action. The stores are free to tell you to leave as long as they aren't doing so because of some protected aspect (race, etc...). Being wrong isn't actionable.

As Quincy points out, the best you can hope for is to get some goodwill, or at least some correction for the employees involved. The store owes you nothing.

 

[xylene]

By any metric you "won" this encounter.

You stood your ground, didn't take it from anybody, got cashed out and are free to go to the store again.

You have nothing to be ashamed about and no reprisals are going to happen.

People in the grocery business deal with far worse, even in normal times.

They are a little high strung right now, they have a lot to worry about - so let it go.

 

[quincy]

Here is a link to the Los Angeles County Department of Public Health’s “Guidance for Food Facilities:”
http://www.publichealth.lacounty.gov/media/Coronavirus/GuidanceFoodFacilities.pdf

Los Angeles County has reported that, since the end of March, several grocery store workers have tested positive for Covid-19, with stores having to shut down for sterilization, so I can better understand the concern expressed by HiFi - not that this changes the advice already provided.

 

[Zigner]

You were wearing a mask, thus, you were anonymous. Nobody knows it was you. Your humiliation was and is entirely internal.

 

[HiFi]

Okay, then ... go out and interview some attorneys. Be prepared to pony up somewhere north of $15,000 as a retainer and start the process. Be sure to articulate damages .... which were ... uh ... what, exactly? How has this encounter harmed you? Not hurt feelings, but actual harm to your reputation, psyche, etc. Have you gone to a psychiatrist due to the trauma? Have you lost a job as a direct result of this event? What is the dollar value that will make you whole again?

Embarrassment or discomfort do not make for serious monetary claims. You can write a nasty letter to the store's corporate offices and management and maybe they'll send you a gift card in way of apology. But, I cannot imagine for one moment you'll get an attorney who will take this on for any amount of money you put on the table. .

My point is to use an analogy, if you went into a store and an employee of the store then pulled a knife on you and the Head of the Store then publicly berated you saying you caused a "Disruption" because an employee pulled and threatened you with a knife" you would just smile and take it up the place where the sun doesn't shine. If I had phoned the police, believe me they wouldn't have come.

 

[HiFi]

By any metric you "won" this encounter.

You stood your ground, didn't take it from anybody, got cashed out and are free to go to the store again.

You have nothing to be ashamed about and no reprisals are going to happen.

People in the grocery business deal with far worse, even in normal times.

They are a little high strung right now, they have a lot to worry about - so let it go.

In likelyhood I am but the Supermarket has no excuse, none whatsoever, and deliberately put me at risk

 

[quincy]

My point is to use an analogy, if you went into a store and an employee of the store then pulled a knife on you and the Head of the Store then publicly berated you saying you caused a "Disruption" because an employee pulled and threatened you with a knife" you would just smile and take it up the place where the sun doesn't shine. If I had phoned the police, believe me they wouldn't have come.

I don’t think your analogy holds up very well, HiFi. The store employee invaded your space but did not commit a crime by doing so. He violated a recommendation to keep a 6’ distance from others.