But when a Vons customer sued the grocery store after he allegedly slipped on spilled yogurt, the supermarket in litigation called up his purchasing habits, determined he had purchased "a lot" of alcohol and questioned his sobriety at the time of the accident. (Vons denied the allegation, and the lawsuit was reportedly thrown out of court.)
What if a customer alleges some injury and the store has a record from the in-house pharmacy showing the customer had been prescribed, and purchased, pain medication for months or years before the alleged injury - suggesting a pre-existing condition. How about a customer suggesting that a retailer's conduct caused severe weight gain or loss? Could that person's purchasing records of sizes worn be used against him or her?
