Danforth v. Apple, Inc.

In late 2012, appellee Apple Inc. petitioned for a temporary restraining order (TRO) and an injunction under OCGA 34-1-7 against appellant Catherine Danforth, a former employee who had worked at an Apple store at in Atlanta. The trial court found by clear and convincing evidence that Danforth had a history of mental illness, which included a prior suicide attempt and hospitalization in a mental health facility within the last five years and on other occasions; that Danforth was not taking medication; that she had exhibited behavior that caused Apple's employees to reasonably fear for their safety; that she had continued to contact Apple employees following her termination even after being told not to; that her reasons for contacting the Apple employees were work-related and the majority of her conduct towards them occurred during the course of their employment; that she posed an immediate threat of violence to the employees; and that her conduct established a pattern of harassing and intimidating behavior towards the Apple employees that constituted stalking. Danforth argued on appeal that the evidence presented to the trial court was insufficient to support an injunction under OCGA 34-1-7 and that the injunction that was issued was overbroad. The Supreme Court concluded the evidence was legally sufficient to support the issuance of an injunction under 34-1-7. However, Apple sought relief under 34-1-7 alone, and the injunction exceeded the scope authorized by that statute to some extent. Accordingly, the Court affirmed the injunction order in part and vacated it in part, and remanded the case to the trial court for the entry of an injunction fully consistent with 34-1-7. View "Danforth v. Apple, Inc." on Justia Law