Read the summary below and identify the following in complete sentences:

$1.$ Plaintiff. Explain how you know using the definition of the term.

$2.$ Defendant. Explain how you know using the definition of the term.

$3.$ Causes of action. Explain how you know using the definition of the term.

$4.$ Basis of the claim. Explain how you know using the definition of the term.

$5.$ Civil or criminal. Explain how you know using the definition of the term.

Sears Peeping Tom

A judge found that Sears Holdings Corp $($Sears$)$ can be held liable for negligence in an action brought against them by more than $25$ female plaintiffs who had been spied on and recorded in a store dressing room and bathroom. Sears Maintenance worker, Alejandro Gamiz, used peepholes and cameras to spy on female customers and employees in the fitting rooms and restrooms. Gamiz had been employed at the store from $2009$ to $2012$ and viewed and recorded more than $1,000$ women and girls over the span of his employment. Gamiz installed motion activated cameras and peepholes the size of pencil tips, that $$blended in really well$$ making them difficult to detect. Sears fired Gamiz after it discovered the hidden video equipment. The plaintiffs claim that Sears was negligent in its hiring, supervising, and retaining of Gamiz. Sears attempted to escape liability by filing a motion for summary judgment asking the court to dismiss the case because it had no duty of care to the plaintiffs for Gamiz$$s conduct, which it described as $$unforeseeable$.$ Sears asked the court to grant an $$exception to its duty of care$$ because Gamiz$$s conduct was $$criminal$$ and $$bizarre$,$ according to court documents. The judge denied its motion, stating $$the law imposes an affirmative duty of care to protect customers $[$and$]$ employees.$$ The court found that Sears needed to make the women$$s fitting rooms and restrooms reasonably safe by supervising male employees who had access to these rooms. Sears and the plaintiffs agree that the store has a policy in place of restricted male employees from fitting rooms during store hours, unless accompanied by a manager or loss prevention employee. The store also prohibits video equipment from being utilized in the restroom or fitting rooms and trains its employees not to use cameras in fitting rooms or restrooms.