The clerk had gone through cancer treatment in 2004 — leaving her with dry mouth and the need to drink a great deal of water. In 2005, a new manager broke with a prior practice of allowing her to take liberal bathroom breaks and refused three requests for her to take a break on one night. After having the accident, the woman fell apart emotionally and had to be committed to a psychiatric hospital for several days before returning to work.
The store insisted on litigating the case and a jury ruled against it — awarding the woman $12,000 for lost wages, $40,000 for medical expenses and $148,000 for emotional distress. The store then appealed the verdict, insisting that a year of liberal bathroom breaks was enough.
It has now lost that appeal. Yet, you guessed it, the store is thinking of appealing to the Supreme Court. Putting aside the cost of the case, it would seem that this is not the type of case that the store would want to continue to publicize to the world. Denying cancer victims bathroom breaks is not exactly a positive image — let alone forcing them to have accidents at checkout lines. I understand that the store believes the woman should have explained her condition more clearly to the new manager or just taken the bathroom break without his permission. However, there are some cases where a settlement is the better part of valor.
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