Agent's Intentional Tort Case Study

Summary of Case

Case 30.1 Agent’s Intentional Tort. Kenya Massey and Raymond Rodriguez entered a Starbucks coffee shop in Manhattan, New York City. The couple ordered two beverages from a Starbucks employee and paid for the drinks. When Massey and Rodriquez moved toward the seating area while waiting for their drinks to be prepared, Karen Morales, the shift supervisor at the store, told Massey and Rodriquez that they could not sit down because the store was closing. Massey informed Morales that when she received her drinks, she and Rodriquez intended to sit and enjoy them at Starbucks.

Morales instructed a Starbucks employee to cancel Massey’s beverage order and refund Massey’s money. Massey asked to speak with a manager. Morales identified herself as the manager and told Massey to “get a life.” At that point, Starbucks employee Melissa Polanco told Massey, “I get off at ten o’clock, and we can go outside.” Massey and Rodriquez exited and walked away from the store while Massey and the employees yelled profanities at each other. As Massey continued to walk away, Polanco ran after and caught her and punched Massey in the face. Morales then jumped on Massey’s back, and a physical altercation ensued. A pedestrian passerby finally separated the parties. Massey’s face was bleeding when she got up.

The Starbucks employees who were involved in the altercation were terminated by Starbucks. Massey sued Starbucks for damages for the injuries she suffered. Starbucks