Agnozzi, who is deaf, purchased several items at a large chain discount store. One of the items was a large inflated doll for his daughter. Agnozzi went to a cash register near a store entrance to pay for his goods. The doll was so large that the sales clerk could not find a bag to hold it. With the doll under his arm and his other purchases in bags held in both hands, Agnozzi left the store. As he did so, a store employee stationed at the door to welcome people in and conduct security screens of those leaving, noticed the unbagged doll. The employee was instructed to stop and check the receipt of any party leaving the store with an unbagged item. As a consequence, she asked Agnozzi to stop. When he did not, she shouted at him to stop. Finally, she yelled, “Stop thief,” and gave chase. Other store personnel joined in and threw Agnozzi down onto the asphalt in the parking lot. Agnozzi finally was able to make the store personnel understand he was deaf and that he had the receipt in his pocket. Upon seeing the receipt they let him go with apologies. Although he was embarrassed, his clothes torn, and his skin scraped, Agnozzi accepted the apologies and left. Now he is reconsidering. Would it be ethical for Agnozzi to bring suit against the discount store? Does Agnozzi owe a duty to bring suit? If so, to whom and for what?
