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[In 1999, Robert Rivera slipped on some spilled yogurt in a Vons supermarket in Southern California. With a shattered kneecap as a result, Rivera sought compensation from the supermarket chain—not only to pay for his medical bills, but also to compensate for the loss of income, as he had to quit his job due to the injury. However, his effort to negotiate an out-of-court settlement fell short, according to the LA Times [Silverstein, 1999], when the supermarket’s designated mediator produced Rivera’s shopping records. Rivera was a regular Vons customer and had used their loyalty card for several years. The mediator made it clear that should this case go to court, Vons could use Rivera’s shopping record to demonstrate that he regularly bought large quantities of alcohol—a fact that would surely weaken his case (who is to say that Rivera wasn’t drunk when he slipped?). While Vons denied any wrongdoings, Rivera claimed that this threat prompted him to drop the case against the company.]
Published: Jan 1, 2019
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