Date: 10-31-2011

Case Style: Abdel Hassanien v. Sears, Roebuck & Co.

Case Number: CJ-2009-4458

Judge: Daniel L. Owens

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Jacob W. Biby and Kenneth N. Jean

Defendant's Attorney: Marcie James

Description: Abdel Hassanien sued Sears, Roebuck & Co. and Quail Springs Mall, LLC on assault and battery and false imprisonment theories claiming that he was a business invitee at the Sears Store at Quail Springs Mall on May 16, 2008 when he was assaulted an battered and falsely arrested by a security guard without cause. He further claimed that the actions of Defendants were willful, malicious, intentional and grossly negligent, in total disregard for the health, safety and welfare of the Plaintiff, and were done with the intent to injury and disgrace Plaintiff and as such, punitive damages should be awarded against the Defendants to deter them and others like them from acting in a same or similar manner.

Sears admitted that at all times material, its Loss Prevention Personnel who encountered Plaintiff after he had stolen merchandise from the store were employees of Sears. Sears denied that Quail Springs Mall personnel were in any way involved in the subject incident. Sears specifically denied any conduct on its part that would constitute actionable negligence and/or actionable intentional acts on its part.

Sears further denied that its personnel assaulted or battered Plaintiff and further denied that its personnel falsely imprisoned Plaintiff.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: