Jackson v. Target Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division BRYON U. JACKSON, Case No. 21-cv-08458-LB

Plaintiff, ORDER GRANTING SUMMARY

JUDGMENT BUT IDENTIFYING

v. PLAUSIBLE NEGLIGENCE CLAIM

TARGET CORPORATION, Re: ECF No. 64 Defendant. 16 INTRODUCTION Plaintiff Bryon Jackson sued Target Corporation, claiming that a Target employee intentionally hit him with a shopping cart, injuring his kidney.1 Target moved for summary judgment on the grounds that the plaintiff cannot prove an intentional act, it in any event is not vicariously liable for the intentional torts of its employees, and the plaintiff cannot recover punitive damages.2 The court can decide the motion without oral argument, N.D. Cal. Civ. L.R. 7-1(b), and grants summary judgment on the assault and battery claims. That said, the plaintiff — who is representing himself — plausibly pleads facts that, if true, …