21 A.3d 248
R.I.2011Background
- DaPonte, a store assistant manager for Ocean State Job Lot, was confronted by president Marc Perlman when he forcefully attached a price tag to her shoulder after criticizing a rug/display setup.
- The incident occurred at Ocean State’s North Kingstown store on October 25, 2001.
- DaPonte pursued damages under Rhode Island General Laws § 9-1-28.1(a)(1), alleging an unreasonable intrusion upon her physical solitude or seclusion.
- The Superior Court dismissed the § 9-1-28.1(a)(1) claim as not actionable; the Rhode Island Supreme Court granted review for summary decision.
- Trial court found Perlman’s conduct offensive and unconsented to, but concluded it did not fall within the privacy statute’s reach.
- The Rhode Island Supreme Court reversed and affirmed the Superior Court’s dismissal, holding the act did not constitute a cognizable invasion of privacy under § 9-1-28.1(a)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether touching a plaintiff in a public store constitutes intrusion on privacy | DaPonte asserts invasion of physical solitude. | Ocean State argues no seclusion exists in a public work area. | No actionable invasion under § 9-1-28.1(a)(1). |
Key Cases Cited
- Donnelly v. Cowsill, 716 A.2d 742 (R.I.1998) (standard for trial-fact findings; appellate review)
- Newport Realty, Inc. v. Lynch, 878 A.2d 1021 (R.I.2005) (statutory interpretation approach; harmonization of laws)
- In re Doe, 717 A.2d 1129 (R.I.1998) (harmonize statutes with general objective scope)
- Swerdlick v. Koch, 721 A.2d 849 (R.I.1998) (public-place observations not intrusions unless private seclusion exists)
- Blanchette v. Stone, 591 A.2d 785 (R.I.1991) (interpretive canon; avoid absurd results)