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.
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).
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