Legal Question in Civil Litigation in New York

Is this a bailment situation?

Teacher in a school orders a laptop computer for personal use. FedEx delivers it to the school where 1 secretary, sitting in a room of 4 secretaries signs for it. The teacher is out to lunch so secretary leaves the box on a desk and goes to lunch herself. When she returns, the box is gone. Teacher is suing the secretary in small claims court. Does teacher have any valid basis to sue? Prior to the incident, there was no school policy about items for personal use. Secretary had no idea what was in the box. Teacher never alerted secretary a computer was being delivered and never gave instructions. Secretary's job is to routinely sign for work-related packages.


Asked on 4/29/06, 12:35 am

3 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Is this a bailment situation?

I do not see this as a valid lawsuit.

The secty had no legal duty to safe guard the "box". The teacher should not have had her personal item delivered to school or should have told the computer co that only she be permitted to sign for the item.

I see this as teacher's negligence not the secty's and a frivolous claim.

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Answered on 4/29/06, 12:09 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Is this a bailment situation?

Without negligence, there is no action.

Did the secretary do something wrong? If not, the secretary will win.

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Answered on 4/30/06, 5:20 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Is this a bailment situation?

Assuming that the secretary was working for the school at the time that the box was delivered, she is an agent (employee) working for a disclosed principal (school). Therefore, the proper party defendant would be the school. (Think of a janitor that mopped a floor and negligently failed to place a sign on the wet floor. You don't sue the janitor, you sue the owner).

As an aside, normally Dell has insurance for theft. The owner of the computer did not sign for same. Why doesn't the owner contact Dell to inquire if insurance covers the failed delivery?

Mike.

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Answered on 5/01/06, 8:39 am


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