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Lexis Nexis

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Submitted By roneekvora
Words 976
Pages 4
Civ. No. 05-668 (RHK/JSM)
Stacy Lawton Guin, Plaintiff, v. Brazos Higher Education Service Corporation, Inc., Defendant, United States district court for the district of Minnesota (2006).

Facts: On September 24, 2004 plaintiff, Stacy Guin, claimed that defendant Brazos Higher Education Service Corporation Inc. also known as, Brazos, gave permission to its employees to be in possession of unencrypted nonpublic customer data on their laptops. One of Brazos employee’s homes was burglarized and a laptop containing unencrypted customer data was stolen. Guin ordered reports from three credit agencies, and after reviewing them not a single piece of personal information was stolen. And neither did any of the 550,000 customers experience such fraud.

Issue: Guin has no right to claim negligence on Brazos, because Guin failed to show Brazos breached a legal duty owed to him. Then on what grounds can Guin file a lawsuit on Brazos if technically they haven’t breached a contract between the two parties?

Decision: In Guin’s claim, he alleges that he trusted Brazos with his personal data, and not put him in the danger of loss, theft, tampering and realizing any personal information to a third party. Due to this case, Guin suffered out of pocket loss, emotional distress, consequential and incidental damages and fear and anxiety. Minnesota courts said in order for a plaintiff to claim for negligence, the plaintiff must prove four elements; existence of a duty of care, breach of that duty, injury and breach of the duty was the proximate cause of the injury. In response Brazos argued that, firstly, they did not breach any duty owed to Guin. Legal duty can be described as responsibility under the law to conform to a particular standard of conduct towards another. On that note the court conclude, Guin did not present enough evidence reflecting that Brazos failed to

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