Legal Question in Criminal Law in Missouri

Restaurant Employees Have Wallet, Then They Don't???

In short, I went to a restaurant in MO and left my wallet on Aug. 16. They contacted me letting me know I had left it there. Because of many unwelcome curcumstances - I was unable to get the wallet until Aug. 20. My boyfriend went to go get it. The manager on duty couldn't find it. She said it had been there, and now it wasn't. I called the manager the following day and he knew nothing and told me to call another manager who would be on duty the next day. He also knew nothing. I filed a police report on Aug. 21. Afterwards, I stopped by the restaurant to see if the manager had found anything - he hadn't. He said he had looked all over and couldn't find it. One of the waitresses there said that maybe they had thrown it into the trash. The manager said that was unlikely. He said there was nothing he could do. I contacted the district managertoday - he said he would look into it. I just want to know if I have the grounds to prosecute or if there is nothing I can do further. I need any advice you can give me. Thank you for your time.


Asked on 8/22/01, 2:16 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Restaurant Employees Have Wallet, Then They Don't???

First of all I am sorry that you lost your wallet and now have to deal with your current problem with the restaurant. I do not know of any legal theory upon which you could prosecute anyone or even sue anyone in a civil case based upon the information you provide in your question. However, it occurred to me that you may have asked the name of the person who first told you that they had found your wallet. If so, I would contact that person directly and confirm the conversation before following up with that person. If you don't have the name, the manager may be able to determine who it was you talked to based upon the employee's schedules, time cards or whatever. If they did, in fact, have your wallet the person you spoke with should be able to tell you what it looked like, what was in it, and what was done with it. The restaurant may have taken on a legal duty to safeguard your wallet once they found it, but you would have a difficult time suing over it. Also, is it possible that they found someone else's wallet, mistakenly told you that they had found yours, and then returned the wallet to its rightful owner? I'm sorry I can't be of more help, but I do wish you the besst of luck.

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Answered on 8/22/01, 10:44 pm


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