Christopher L. Moore Wins Case for National Retailer

SMBP Partner Chris Moore recently obtained summary judgment on behalf of a national retailer in a case in which a plaintiff alleged he suffered the aggravation of a preexisting heart condition and post traumatic stress after being asked to leave a store after causing a disturbance. The plaintiff alleged that the store was negligent and had violated his Fourth Amendment rights when a store security officer escorted him out of the store after he refused to vacate the premises. The Court granted the motion and dismissed the case, agreeing that the store had the right to control its premises and that the plaintiff’s refusal to leave the store, once asked, changed his status to that of a trespasser with no rights to remain in the store.