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Coleman v. Smith11/8/2005
NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
DISPOSITION: AFFIRMED: 11/08/2005
BEFORE KING, C.J., IRVING AND BARNES, JJ.
. Lorann Coleman appeals the granting of summary judgment by the Tunica County Circuit Court in favor of Christopher Smith, Grand Casino, Inc., BL Development Corp., and Park Place Entertainment Corp. Coleman raises the following issue on appeal:
I. Whether the Trial Court Committed Reversible Error in Granting the Appellee's Motion for Summary Judgment
STATEMENT OF FACTS AND PROCEEDINGS BELOW
. Lorann Coleman began working as a cook at the Delta Blues Café at the Grand Casino in Tunica when it first opened in 1996. She was eventually promoted to supervisor. While Coleman's primary functions were to supervise café employees and count the money at the end of her shift, Coleman did a little bit of everything - helped prepare food, ensured food quality, helped clean the café, and worked the cash register.
. After the café's manager expressed concern about unusually high food costs, Chris Smith, a security officer with the Grand Casino, began an investigation. On March 15, 1999, Smith reviewed several surveillance tapes. Based upon his observation, Smith filed an incident report. In that report, he noted that Sandra Harris, a café employee, took money from a customer, and instead of placing the money in the cash register, she placed it on top of the register. After the customer left, Harris took the money on top of the cash register and walked away from the camera's view. She then returned without the money in hand. Within five minutes Harris repeated this process after another transaction. About an hour later, Harris took money out of the register, placed it on top of the register, began shuffling the money in her hands, then dropped her right hand down by her side. However, her right pocket was blocked from the camera's view by another employee. Nearly an hour later, Harris received money from another customer and placed it in the tip jar instead of the cash register. Harris later took more money out of the register and placed it in the tip jar near the register. She later took the money out of the tip jar and placed some of it in her purse. Another tape showed a second employee taking money in a similar fashion.
. Based upon the review of the surveillance tapes, Sandra Harris was called to the interview room in the casino and questioned by Assistant Manager James Nead. Harris admitted participation in the embezzlement scheme, stating that she performed such acts about three times a day. She then revealed that several fellow employees, including Coleman, also participated in this scheme. The next day another employee was called to the interview room where she too admitted to participation in the scheme and implicated the same employees that Harris had implicated. However, she indicated that Coleman had a more passive role in the scheme. The employee said that instead of directly taking the money, Coleman would simply allow this activity to occur, then ask for "her cut." This employee said that all participants gave Coleman a share so she would not report them.
. Coleman, who was questioned by Grand Casino security officers on March 16, adamantly denied any involvement in the scheme. No surveillance tapes showed Coleman taking or receiving any money. Based upon the information provided by co-employees, Coleman was arrested for receiving embezzled goods in violation of Mississippi Code § 97-23-23(1999). She was held for more than twenty-four hours without bond.
. While several participants in the scam were arrested, only
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