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The Law & You

Woman Who Coughed on Produce at Gerrity’s Supermarket Facing Charges

The Law & You
March 26, 2020

The Law and You

Woman Who Coughed on Produce at Gerrity’s Supermarket Facing Charges

Attorneys Greg Fellerman and Ed Ciarimboli discuss the different types of charges a woman may be facing after coughing on produce at a local grocery store, causing $35k in damages.

Haley: It’s time once again for the Law and You. Joining us today from home we have attorneys Ed Ciarimboli and Greg Fellerman with us. Nice to see both of you guys. You are stuck at home. Many Americans are stuck at home during this time, really only leaving to go to the grocery store or the pharmacy. Now there are some concerns at the grocery store as people are coughing at food. Greg, what do you have to say about this.

Greg: Welp we had a very interesting case that occurred here yesterday and the last couple days at a local supermarket, Gerrity’s. Where a woman goes into the supermarket and either as a prank or whatever, decides it’s a good idea to cough all over the produce which cost the owner $35,000 and unfortunately for this lady that’s a crime. As a former prosecutor I’m appalled by the conduct, and I think this person is going to be looking at two different felonies. I think it’s going to be criminal mischief, possibly risking a catastrophe, two misdemeanors which could be recklessly endangering another person and disorderly conduct. So these are serious. And the other is entitled to get their money back, and I’m not surprised if- and Ed’s going to talk about this- what type of civil litigation could occur through this.

Yeah, so Gerrity’s is well within the rights to bring a civil action against this woman as well, for a minimum for the amount of product that was destroyed. But then, here’s the other thing. The people that- they’re going to have to shut the store down, people had to clean up, they had to send salaried, you know people that were earning money, they had to send them out of the store. So, in addition to the product that was lost there’s going to be lots of other compensatory damages that are going to flow from this incident. And if this woman owns a home she might turn into her home owners insurance, but I don’t think there’s even going to be coverage for something like this. So this woman could potentially be looking at a huge, huge civil suit in terms of dollars on this. I mean the bottom line is this, people, follow the CDC guidelines. I mean everybody is in this together and the way we’re going to get out of this is if we do it together. So, everybody just be mindful of each other and let’s try to get through this the best we can.

Haley: Alright Ed Ciarimboli and Greg Fellerman thank you so much for your time. If you have questions for the Law and You go to

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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