This assignment was in a Legal, Political, and Ethical Dimensions of Business class to examine the liability of Walmart in a negligence lawsuit by Dorothy McClung. Dorothy McClung's husband was abducted at gunpoint and found dead on a property owned by the retail giant. The assignment examined five issues from the plantiff's perspective:
(1) There was a duty of care owed by the defendant to the plaintiff.
(2) The conduct fell below the applicable standard of care that amounts to breach of duty.
(3) An injury or loss.
(4) Defendant's negligence was cause of the loss.
(5) Proximate, or legal, cause
On December 7, 1990, Dorothy McClung went shopping at the Delta Square Shopping Center. After she completed her shopping, Joseph Harper, a fugitive from Chattanooga, abducted her at gunpoint. Mrs. McClung was forced into her car and was later found dead by some hunters in a remote area of Arkansas. Joseph Harper was eventually caught, confessing to kidnapping, raping, and murdering Mrs. Clung. Roger McClung, the victim's husband filed a lawsuit against Wal-Mart and the owner of the shopping center, Delta Square Limited Partnership. Mr. McClung alleged that Wal-Mart and Delta Square were negligent in their duty to provide a safe environment. The trial court ruled in favor of Wal-Mart and Delta Square Limited. The Court of Appeals affirmed the ...
This is a case brief examining the legal and ethical dimensions of the McClung v Delta Square Limited Partnership case. It specifically gives an opinion on the responsibility of the defendent to provide a safe environment for their customers.