O'Donnell v. K-Mart Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
At the time of the event giving rise to this suit, plaintiff was 23 years of age and patently mentally retarded. On the trial of his causes of action for assault and battery and false imprisonment, there was overwhelming credible evidence, upon which the jury apparently relied, that the conduct of defendant Philip McCarthy, security officer for defendant K-Mart Corporation (K-Mart) in assaulting, striking, seizing, handcuffing and unlawfully detaining plaintiff on the premises of K-Mart, was wholly without justification, and was wanton and malicious. The jury…
2Cases cited14 opinions
- Walker v. SheldonNew York Court of Appeals · 1961
- De Long v. County of ErieNew York Court of Appeals · 1983
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Rupert v. SellersAppellate Division of the Supreme Court of the State of New York · 1975
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
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3Cited by27 opinions
- Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
- Laurie Marie M. v. Jeffrey T. M.Appellate Division of the Supreme Court of the State of New York · 1990
- Jason B. Gardner, Plaintiff-Appellee-Cross-Appellant v. Federated Department Stores, Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1990
- Watson v. DixonSupreme Court of North Carolina · 2000
- Tse v. UBS Financial Services, Inc.District Court, S.D. New York · 2008
22 more not listed; retrieve them via the Exa API.