HUNTINGTON – A Kentucky newspaper publisher has sued Best Buy and the manager of its Barboursville store, claiming an employee mix up led to him being falsely accused of theft.
Roger Smith filed the complaint October 19 in Cabell Circuit Court against Best Buy Stores LP and store manager Gregory Smith. Roger Smith is publisher of the Mountain Citizen and a Martin County, Kentucky, resident.
According to the complaint, Roger Smith visited the Barboursville store October 2 to collect a computer his sister, Lisa Stayton, had ordered online. Smith says he was authorized to pick up the order and presented its pickup barcode to a store employee.
The employee scanned the barcode, retrieved a boxed computer and handed it to him, the complaint states. But the computer belonged to another customer, Nicholas Rogers, rather than to Stayton.
“Plaintiff accepted the computer provided to him by the Best Buy employee and departed the store under the belief that he had properly completed the authorized pickup,” the complaint states.
Rogers received an electronic notification October 4 saying his computer had been picked up, although he had not received it, according to the lawsuit. He called Best Buy and visited the store the following day.
Store management told Rogers records showed his computer had been picked up and invoiced. After reviewing surveillance footage, management told him the person who collected it had presented a pickup barcode but nevertheless encouraged him to contact law enforcement, the complaint alleges.
The lawsuit says Barboursville police received a telephone report of grand larceny at the store about 3:22 p.m. October 5. Best Buy employees provided a surveillance image showing Smith leaving with the computer, according to the complaint.
Smith alleges a photograph identifying him also appeared in the “Huntington WV 911” Facebook group with an accusation that he had stolen a computer. He learned of the post October 6, when someone forwarded him a screenshot.
“The delivery of the incorrect computer resulted from Best Buy’s mistake, not from any theft or other criminal conduct by plaintiff,” the complaint states.
The lawsuit alleges, “upon information and belief,” that a Best Buy employee provided the photograph to the Facebook group or caused it to be provided. It does not identify the employee or the person who posted the image.
The group’s administrator removed the post October 9 and contacted the person responsible for posting it to seek an explanation, according to the complaint.
An investigator identified Smith on October 12 and determined Best Buy had mistakenly given him another customer’s merchandise, the lawsuit states. According to the complaint, the investigator concluded Smith had committed no criminal offense and advised that no charges would be filed.
The complaint says police closed the investigation October 13. An investigator collected the computer from Smith in Inez, Kentucky, later that day and returned it to Best Buy.
Roger Smith alleges store manager Gregory Smith failed to adequately train and supervise employees handling online order pickups. The complaint also seeks to hold Best Buy responsible for employees’ conduct within the scope of their employment.
Smith accuses the defendants of defamation and libel per se, negligence, negligent training and supervision, respondeat superior and false light invasion of privacy. Smith alleges reputational harm, humiliation, embarrassment, emotional distress and damage to personal and professional relationships.
He seeks compensatory damages, punitive damages, interest and court costs. He is being represented by Nathan D. Brown of Ferrell & Brown in Williamson.
Cabell Circuit Court case number 26-C-502
