O'DONNELL v. K-MART CORP.


100 A.D.2d 488 (1984)

James H. O'Donnell, Respondent, v. K-Mart Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 12, 1984


Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Robert A. Small of counsel), for appellants.

William Francis Lynn for respondent.

CALLAHAN, DOERR, GREEN and MOULE, JJ., concur.


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...

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