Instructions Start Writing LaShawna Gobdman went to a local Walmart store in Ope
ID: 370741 • Letter: I
Question
Instructions Start Writing LaShawna Gobdman went to a local Walmart store in Opelika, Alabama, to do some last-minute holiday shopping. She brought along her two young daughters and a telephone she had purchased earlier at Walmart to exchange. She presented the telephone and receipt to a Walmart employee, who took the telephone. Unable to find another telephone she wanted, Goodman retrieved the previously purchased telephone from the employee, bought another item, and left. Outside, Goodman was stopped by Walmart security personnel and was accused of stealing the phone. Goodman offered to show the Walmart employees the original receipt, but the Walmart employees detained her and called the Ass Che police. Goodman was handcuffed in front of her children. Walmart filed criminal charges against Goodman. At the criminal trial, Goodman was acquitted of all charges. Goodman then filed a civil lawsuit against Walmart Stores, Dict Inc., to recover damages for falsely accusing her of stealing the telephone and false imprisonment. Walmart asserted the defense that it was within its rights to have detained Goodman as it did and to have prosecuted her based on its investigation. Walmart asserted that the merchant protection statute protected its actions in this caso. Was Walmart's conduct ethical? Did Walmart act responsibly by bringing criminal charges against Goodman? Did Walmart present sufficient evidence to prove that it should be protected by the merchant protection statute? Walmart Stores, Inc. v Goodman, 789 So.2d 166, 2000 Ala. Lexis 548 (Supreme Court of Alabama, 2000)Explanation / Answer
I will give you some key inputs, and you can use it to augment it with your knowledge on the laws and the subject.
Was Walmart's conduct ethical?
Walmart's conduct was definitely not ethical. First, it is important to note that Goodman had handed over the telephone along with receipt to the Walmart employee. The Walmart employee there must have been apprised of the fact that the customer is planning to get her phone exchanged. Even if she was taking back her original phone, she had a tax invoice - a proof of purchase which is sufficient to prove that she bought the phone. Walmart was purely unethical in the arrest that ensued.
Did Walmart present sufficient evidence that it should be protected by the merchant protection statute?
Walmart definitely hasn't provided sufficient evidence so that it should be protected by the statute. While I agree that there could be such a protection statute for merchants, under what circumstances can it be invoked? Can a merchant go ahead and arrest anyone just under mere suspicion? Isn't there a way of confirming if the allegations that you are laying on the customer are true? An arrest of the customer is a very serious incident, and it should not and cannot be done on someone innocent. Walmart definitely does not seem to have conducted any kind of prior enquiry with the customer before calling the police. As per the case here, Walmart has just asserted that it is protected by this statute, but it has not brought out the situation and circumstances under which it can be invoked.