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Please read the details and Hopefully you help me with my problem .

Boston, MA |

HI, How are you ? I was having a huge problem recently . I went to my usual local Gamestop (video game store) to buy a game. I am in there with one customer 2-3 employees and one manager. The customer next to me as I am getting rang up says "Damn you smell like marijuana and giggles ." , I giggle also because I do not believe it is a huge deal to the employees or the manager I am the one buying the product from the store( I also have severe Migraines and Petite mal-seizures so I smoke to make myself feel better.). So the Manager over hears him say about me smelling like marijuana so she walks back over with my game asked for and she says very unprofessionally " People should not come into a store and smell like that. They should shower and have respect for them self and not step a foot in my store unless they are clean. " and than she goes on to ask her employees " Why would someone respect themselves." and then physical slammed the game on the counter and never thanks have a good day or nothing and I was such in awe that , that had just happened I was truly embarrassed . Every Employee in the store just looked at me like they felt bad but when I contacted corporate they got her side of the story and all the people said I was lieing that worked there or that they did not hear her say that and she said she never said that the customer said it to me. Ever since then I won't go into stores without my wife . I am nervous going in alone because I don't wan't anybody else doing that to me mentally or even verbally. Like I Have these real sicknesses and it is in my medical folder and I feel like now every store I do go in people look at me weird . This is really not fair to me verbally or mentally and especially for a major corporation like them to side with her and not give a customer who has spent 10,000 dollars in there store in the past 5-6 years the benefit of the doubt and have her say at least sorry . Now they are telling me all this and I do not know what to do today a video game is coming out and I am petrified to see this girl again . I can not shake this or I would not even have contacted corporate or you for that matter. I am a very peaceful person and want to know if there is any possibly thing I could do . Thank you so much for your time and hope to hear from you soon!

-Phillip Masciulli

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Attorney answers 4


I'm sorry that you are dealing with this difficult situation. I would highly recommend removing all of the details you posted, particularly if you intend to file suit. You may have a claim for negligent or intentional infliction of emotional distress, among other claims, and you should consult an attorney as soon as possible to discuss your options and any rights or remedies you may have. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.



how do I delete this thread?

Emma A. Kremer

Emma A. Kremer


I'm not entirely sure but you can try contacting Avvo.


I'm sorry you're upset over this, but I do not believe this to be a legal issue. I would recommend you go to a different store, one that appreciates your patronage. If you feel uncomfortable going to another store, maybe try buying your games online for a while.

My responses to questions on Avvo or other internet sites are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo does not establish an attorney-client relationship with me or anyone at my firm. That relationship is established only by individual consultation and execution of a written agreement for legal services which I provide to my clients.


Probably not a good idea to go online and put your name to a statement that you use MJ--which I assume is NOT legal in your state--I admit to having lost track of those states which now allow such use, maybe MA is one. Attorneys for the state and law enforcement can read your post, now recorded for posterity. You might want to consider contacting Avvo and asking that your post be removed.
That said, I do not see any legal issue. You cannot sue every jerk you are going to run across in life. IMHO you will not be successful in pursuing a legal solution to your issues. Shop somewhere else, seek counseling--the physical and mental anguish you now have is out of proportion to the incident itself. I wish you all the best.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


I agree with Attorney Kremer. You may have a claim for negligent or intentional infliction of emotional distress. In order to prevail on an intentional infliction of emotion distress claim you must prove that the woman's conduct was so extreme and outrageous that it exceeds all bounds of decency. I would consult an attorney who can research the relevant case law with regards to what constitutes extreme/outrageous conduct in Massachusetts, so that you will know whether it will be worthwhile to file a claim. Also, you should remove your name from this post, because MJ is still techincally a controlled substance under Federal Law (Schedule I of the controlled substances act).

The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be relied upon in place of an actual consultation with an attorney. Attorney Samiotes is licensed to practice in Massachusetts, the Federal District Court of Massachusetts, and the Court of International Trade. Most initial consultations are free. Further information is available on my profile and at

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