DILLY V. S.S. KRESGE
606 F.2d 62 (4th Cir. 1979)
NATURE OF THE CASE: This was a personal injury action.
FACTS: Dilly (P) worked at the soda fountain for Kresge (D) when an assistant manager
ordered a cup of hot chocolate. P told the manager that she had no hot chocolate left and
then the manager grabbed her and shook her and said, 'What the hell do you mean running out
of hot chocolate?' The assistant manager said he was joking but P did not think so. P sued
because he neck was injured. Both parties filed for summary judgment. Summary judgment was
given to P for liability. D filed a motion to set aside the order pursuant to Rule 59. That
was denied. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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