Watkins v. Sears Roebuck & Co.

Judgment, Supreme Court, Bronx County (Howard Silver, J.), entered May 22, 2001, dismissing the action for assault and battery upon defendant’s motion for judgment as a matter of law made at the close of plaintiffs case, unanimously affirmed, without costs.

The action was properly dismissed upon plaintiffs trial testimony that his leg was broken when he was tackled from behind, without warning, by a security guard employed by defendant retail store, after he exited the store at a rapid pace with a stolen “boom box” knowing that he might be stopped or chased. Nothing in plaintiffs testimony…