A tool box was broken into while it was on Acmeโs premises. Person A was a Machine Repairman employed on the first shift at Acmeโs plant. A job requirement for Acme skilled trades employees like Person A is that they provide their own tools and tool boxes. Due to the nature of his job, Person A had a large tool box which contained over $2000 worth of tools. When Person A left work on 12/15/2014 his tools were all in his tool box and his box was locked. When he returned to work, on 1/3/2015, the lock on his box was missing as were a majority of his tools. The plant was shut down from 12/15/2013 until 1/3/2014. His supervisor was not aware of the missing tools until Person A informed him. Several people had access to the plant during the shutdown including a crew of Machine Repairmen who installed several new pieces of equipment. The Acme Collective Bargaining Agreement states in part: Skilled tradeโs tool boxes are the property of the individual tradesperson and as such Acme has no responsibility for the replacement of any lost or stolen tools. Person A filed a grievance demanding the replacement of his tools. Acme denied paying for the tools and this denial was accepted by the Union representative and the grievance was closed. Person A then brought a law suit in State Court demanding Acme pay him for the replacement of his tools. These demands were based on several tort principles including, negligence, conversion, and trespass to chattel. Will Person A be able to win his lawsuit?
No. Person A should make an insurance claim for the theft of his tools and should refrain from filling lawsuits without the assistance of a professional.
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