DaPonte v. Ocean State Job Lot, Inc.
Rhode Island Supreme Court
21 A.3d 248 (2011)
- Written by Miller Jozwiak, JD
Facts
Irene DaPonte (plaintiff) was an employee at Ocean State Job Lot, Inc. (Ocean State) (defendant). Ocean State’s president, Marc Perlman, entered the company store at which DaPonte served as an assistant manager. During a walk-through of the store, Perlman became upset with the placement of a price sticker. To express his displeasure, Perlman took the price sticker and forcefully attached it to DaPonte’s shoulder. It was undisputed that Perlman did not seek, and DaPonte did not give, consent for Perlman’s action. In response, DaPonte sued Ocean State for allegedly violating her right to privacy through an unreasonable intrusion on her physical solitude or seclusion, as stated in a Rhode Island statute. The trial court entered judgment for Ocean State, reasoning that although Perlman’s conduct was inappropriate, it did not rise to the level of an invasion of DaPonte’s right to privacy under the statute. DaPonte appealed.
Rule of Law
Issue
Holding and Reasoning (Flaherty, J.)
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