Quote:
Originally Posted by Kevin
It wasn't accessible when it was in the store's possession. Agents of the store actually took the phone and used it for a tortuous purpose while it was entrusted to them.
That's definitely not the same as it being left lying around. All of the plaintiff's responsibility to look after his own stuff evaporates when the manager says "Sure, I'll keep this until you can pick it up."
Or more likely -- they'll have the manager somehow secure the item. If it was in a locked desk or something of that nature (I'm sure there's a locked area somewhere), then they'll not be breaching their duty of reasonable care with regard to whatever's in their possession.
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Story line, of what I have seen, is a bit cloudy.
"Seems that the McDonalds manager, Aaron Brummley, who had promised to keep the phone secure until Phil Sherman could retrieve it, got curious and started ogling all of Mrs. Sherman."
"Brummley called Phillip Sherman’s mother using his cell phone and said he would keep the cell phone until Phillip Sherman could come pick it up. Before Phillip Sherman could return to the restaurant to get the phone, his wife received text messages from his phone about her racy photos."
"After Tina Sherman learned that it would take 72 hours to completely delete the photos from the site where they were uploaded, she became more mortified, cried uncontrollably and continued to suffer emotional distress, the lawsuit claims."
Yet we have this:"I'm guessing the pics were posted online by some pubescent teen workers at McDonald's, who would also have been the most tech-savvy. That fact is unclear, but
it is clear the said employees admitted on the website where they posted the nude photos of Tina Sherman that they retrieved the photos from a cell phone found in the restaurant."
And just think of all the additional emotional distress that has now been caused.
Hybrid Mode
