The suit is frivolous because the plaintiff didn’t back up his claims for fraud, intentional infliction of emotional distress, or negligence, Judge Edward J. Cleary of the Minnesota Court of Appeals wrote Dec. 24 in an unpublished opinion.
Roy A. Day sued the companies after he attempted to deposit five dollars in his Starbucks account at a location inside a Target store but only one dollar was deposited.
He alleged Target’s one-dollar minimum deposit allows cashiers to credit the account just one dollar and pocket the rest.
Day can’t proceed with a claim for fraud because he didn’t allege the companies made a false statement that he relied on and lost money, the court said.
His distress claim failed too. “Although appellant may conclude that the alleged theft of his four dollars is outrageous, such an occurrence is not utterly intolerable to the civilized community,” the court said.
His negligent hiring and supervision claims fail because he didn’t allege any physical harm, the court said.
Judges Louise Dovre Bjorkman and John R. Rodenberg joined the opinion.
Day represented himself.
Counsel for Target and Starbucks didn’t make appearances at the appeals court.
The case is Day v. Target Corp., 2018 BL 476885, Minn. Ct. App., No. A18-0611, 12/24/18.
To read more from Class Action News pleaseOR Request Trial