LAW 604C Chapter Notes - Chapter 3: Summary Judgment, Walmart, Shoplifting
Document Summary
Cullison surrounded in his home by medley family. Head of medley family armed with and displays a pistol while making gestures to draw and fire. Trial court approves motion for summary judgment and rules in favor of medley. Reversed and remanded for finding of assault charges (allowed to go to discovery) If the events transpired as cullison contends, then assault occurred and thus the case must go to discovery. Assault is effectuated when one acts intending to cause a harmful or offensive contact with another person or an imminent apprehension of such contact. Assault is attributed to the invasion of one"s mental space. Mccann family mistaken by two wal-mart employees for shoplifting. Mccann family were told they must wait while police were called. While a security guard was called, the mccann family was stood guard over by the wal- Mccann family was even prohibited from using the restroom. Trial court rules in favor of mccann family.
