Cerda

FACTS

Target is a retail provider of merchandise in brick-and-mortar stores and on the Internet. Anthony Louis Fragoso, the intoxicated driver in the fatal accident, worked at a Target Store in Long Beach as a salesman in the electronics department. Upon being hired, Fragoso was required to read and sign Target’s policy prohibiting the possession and use of alcohol on the job or on paid breaks. Fragoso had a negative result for his pre- employment drug test. Target never furnished, supplied, or allowed employees to bring any alcohol to any Target-sponsored event, like a birthday party or holiday celebration. Target never supplied any alcohol to Fragoso. No complaints were ever received by Target management concerning Fragoso consuming alcohol or being under the influence. Fragoso’s duties at Target did not include driving or the need to use a vehicle for work purposes. On January 18, 2011, Fragoso began a shift at the Long Beach Target Store at 3:00 p.m. Another Target employee, Hugo Orozco, also started a shift that day at about the same time. Orozco met Fragoso for the first time that day and the two took

2 their meal break together at approximately 7:30 p.m. Fragoso did not…