National Hot Chocolate Day

As you are all enjoying National Hot Chocolate Day, consider the case of Dilly v. S. S. Kresge, 606 F.2d 62. This case involved an incident where Eleanor Dilly, an employee at S. S. Kresge Co., was working at the soda fountain area of the store. An assistant manager came to the area and ordered a cup of hot chocolate. When informed that there was no hot chocolate available, the assistant manager grabbed Mrs. Dilly, shook her, and angrily exclaimed, "What the hell do you mean running out of hot chocolate?" Mrs. Dilly believed the assistant manager was serious and angry, while the assistant manager claimed he was joking.

This altercation led to Mrs. Dilly sustaining a neck injury. The court granted summary judgment in favor of the plaintiffs, Bernard and Eleanor Dilly, on the issue of liability, meaning the court found the assistant manager's actions to be wrongful without needing a full trial. The case was then set for a hearing to determine the amount of damages owed to the plaintiffs. The defendant, S. S. Kresge Co., attempted to overturn this decision, but their motion was denied, and they subsequently filed an appeal.

This case highlights the importance of workplace conduct and the potential consequences of seemingly trivial actions, such as the availability of hot chocolate, which can lead to serious legal and personal repercussions.