PHILADELPHIA – A man believes three retailers were negligent and liable in permitting unauthorized use of his debit card at their businesses, and seeks a number of damages in restitution.
Harvey Patrick Short of Frackville filed suit on Jan. 26 in the Philadelphia County Court of Common Pleas, versus Sunoco, Inc., Rite Aid Corporation and Family Dollar, Inc., all of Philadelphia.
Short alleges the defendants allowed an unauthorized person to withdraw cash from his account and make purchases of merchandise on Feb. 10, 2015, Feb. 17, 2015 and May 4, 2015 from Rite Aid; on Feb. 17, 2015 from Sunoco and on May 7, 2015 from Family Dollar.
“The defendants’ employees knew or should have known that the person who used the debit card was not the plaintiff, but allowed the transactions to be completed,” the lawsuit says.
The plaintiff says these allegations constituted respondeat superior liability, negligence, conversion and fraud, and says he suffered financial, property and economic losses, mental distress with physical symptoms of headaches and elevation of blood pressure.
The plaintiff is seeking a trial by jury, plus compensatory and punitive damages in excess of $50,000.
The plaintiff is representing himself in this matter.
Philadelphia County Court of Common Pleas case 170103643
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com