Van et al v. Wal-Mart Stores, inc. et al

Filing 594

AMENDED FINAL VERDICT FORM Signed by Judge Paul S. Grewal on January 12, 2015 (psglc2, COURT STAFF) (Filed on 1/12/2015)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 NATHALIE THUY VAN, Plaintiff, 12 13 14 15 v. WAL-MART STORES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case No. 5:08-cv-05296-PSG AMENDED VERDICT FORM Case No. 5:08-cv-05296-PSG AMENDED VERDICT FORM VERDICT FORM 1 2 Part A. LIABILITY 3 False Imprisonment 4 1. Has Van proven, by a preponderance of the evidence, that on November 24, 2007, Wal-Mart committed the tort of false imprisonment? 5 6 ___________ Yes ___________ No 7 Unruh Act 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 2. Has Van proven, by a preponderance of the evidence, that on November 24, 2007, Wal-Mart violated the Unruh Act and denied Van full and equal accommodations, advantages, facilities, privileges and service of Wal-Mart’s business based on her race, ancestry or national origin? ___________ Yes ___________ No Section 1981 3. Has Van proven, by a preponderance of the evidence, that on November 24, 2007, Wal-Mart violated Section 1981 and denied Van equal accommodation under the law? 16 17 18 19 20 21 22 23 ___________ Yes ___________ No Negligent Hiring, Training, Supervision or Retention 4. Has Van proven, by a preponderance of the evidence, that on November 24, 2007 Wal-Mart committed the tort of negligent hiring, training, supervision or retention? ___________ Yes ___________ No Intentional Infliction of Emotional Distress 24 25 26 27 5. Has Van proven, by a preponderance of the evidence, that on November 24, 2007, Wal-Mart committed the tort of intentional infliction of emotional distress against her? ___________ Yes ___________ No 28 2 Case No. 5:08-cv-05296-PSG AMENDED VERDICT FORM 1 2 Negligent Infliction of Emotional Distress 6. Has Van proven, by a preponderance of the evidence, that on November 24, 2007, Wal-Mart committed the tort of negligent infliction of emotional distress? 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 ___________ Yes ___________ No Negligent Misrepresentation 7. Has Van proven, by a preponderance of the evidence, that on November 24, 2007, Wal-Mart committed the tort of negligent misrepresentation? ___________ Yes ___________ No Negligence Claim 8. Has Van proven, by a preponderance of the evidence, that on November 24, 2007, Wal-Mart was negligent in its conduct toward Van? 12 13 14 15 16 17 ___________ Yes ___________ No If your answer to Question 8 is “Yes,” then please proceed to Question 9. If your answer to Question 8 is “No,” proceed directly to Part B. 9. Was Wal-Mart’s negligence a substantial factor in causing harm to Van? ___________ Yes ___________ No 18 19 20 21 22 23 24 25 26 If your answer to Question 9 is “Yes,” then please proceed to Question 10. If your answer to Question 9 is “No,” proceed directly to Part B. 10. Was Rainier negligent? ___________ Yes ___________ No If your answer to Question 10 is “Yes,” then please proceed to Question 11. If your answer to Question 10 is “No,” proceed directly to Part B. 11. Was Rainier’s negligence a substantial factor in causing Van’s harm? ___________ Yes ___________ No 27 28 If your answer to Question 11 is “Yes,” then please proceed to Question 12. If your answer to Question 11 is “No,” proceed directly to Part B. 3 Case No. 5:08-cv-05296-PSG AMENDED VERDICT FORM

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