Rogers v. T.J.X. Companies, Inc.

398 S.E.2d 610, 101 N.C. App. 99, 1990 N.C. App. LEXIS 1219
CourtCourt of Appeals of North Carolina
DecidedDecember 18, 1990
DocketNo. 9010SC243
StatusPublished

This text of 398 S.E.2d 610 (Rogers v. T.J.X. Companies, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rogers v. T.J.X. Companies, Inc., 398 S.E.2d 610, 101 N.C. App. 99, 1990 N.C. App. LEXIS 1219 (N.C. Ct. App. 1990).

Opinions

HEDRICK, Chief Judge.

Plaintiff first contends the trial court erred in granting defendants’ motion for summary judgment with respect to her false imprisonment claim “for the reason that the pleadings and deposition. testimony presented disclose that there are genuine issues as to material facts and that the defendants are not entitled to judgment as a matter of law.” We agree.

Summary judgment is a drastic remedy and must be used cautiously. Bradshaw v. McElroy, 62 N.C. App. 515, 302 S.E.2d 908 (1983). Summary judgment is appropriate only where there are no genuine and material issues of fact to be resolved. Harris-Teeter Supermarkets, Inc. v. Hampton, 76 N.C. App. 649, 334 S.E.2d 81, disc. review denied, 315 N.C. 183, 337 S.E.2d 857 (1985).

The tort of false imprisonment is defined in Hales v. McCrory-McLellan Corp., 260 N.C. 568, 133 S.E.2d 225 (1963), as follows:

‘False imprisonment is the illegal restraint of the person of any one against his will’ (citation omitted). . . . There is no legal wrong unless the detention was involuntary. False imprisonment may be committed by words alone, or by acts alone, or by both; it is not necessary that the individual be actually confined or assaulted, or even that he should be touched. Any exercise of force, or express or implied threat of force, by which in fact the other person is deprived of his liberty, compelled to remain where he does not wish to remain, or to go where he does not wish to go, is an imprisonment ....

Id. at 570, 133 S.E.2d at 227.

In the present case, defendants contend that plaintiff failed to establish facts sufficient to support her claim of false imprisonment. However, the deposition testimony offered by defendants in support of their motion for summary judgment tends to show that: (1) plaintiff was stopped by defendant Nourse as she was leaving the store; (2) defendant Nourse produced a badge identifying himself as store security and asked plaintiff to accompany him back into the store; (3) plaintiff felt that she had no choice but to return to the store with defendant Nourse; (4) defendant Nourse directed plaintiff to his office at the rear of the store and followed closely behind her as she walked to the office; (5) defendant Nourse asked another store employee to join them in his office; (6) once inside his office, defendant Nourse questioned plaintiff for approx[105]*105imately thirty to thirty-five minutes about some merchandise he had allegedly seen her remove from the lingerie department; (7) after repeated attempts by plaintiff to prove to defendant Nourse that she had not taken any of the store’s merchandise and that in fact she had not been in the lingerie department that day, defendant threatened to “handcuff her to a chair,” call the police, and have her arrested; and (8) defendant told plaintiff that she could not leave until she had signed documents stating that she released the store from liability and which indicated that she knew and understood her Miranda rights. We find that this evidence, offered by defendants in support of their claim for summary judgment, supports the inference that plaintiff was “compelled to remain where [she did] not wish to remain, or to go where [she did] not wish to go” and certainly raises genuine issues of material fact sufficient to support plaintiff’s claim of false imprisonment.

Defendants further argue that the trial court properly granted summary judgment in their favor with respect to this claim because “N.C.G.S. 14-72.1 provides a complete defense ... ”, and they were thus entitled to judgment as a matter of law. G.S. 14-72.1(c) provides in pertinent part:

A merchant, or his agent or employee, or a peace officer who detains or causes the arrest of any person shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested, where such detention is in a reasonable manner for a reasonable length of time, if in detaining or in causing the arrest of such person, the merchant, or his agent or employee, or the peace officer had at the time of the detention or arrest probable cause to believe that the person committed the offense created by this section.

In Ayscue v. Mullen, 78 N.C. App. 145, 336 S.E.2d 863 (1985), this Court held that G.S. 14-72.1 does not absolutely immunize merchants and their employees from liability for false imprisonment and that a jury could find that the statute is not applicable where the evidence shows that the detention was unreasonable. We cannot say that a jury could not find the conduct of defendant Nourse to have been unreasonable; and, therefore, defendants were not entitled to judgment as a matter of law based on this statute.

We therefore hold the trial court erred in entering summary judgment against plaintiff on her claim for false imprisonment, [106]*106and the judgment of the trial court will be reversed with respect to this claim.

Next, plaintiff contends the trial court erred in entering summary judgment in favor of defendants on her claim for intentional infliction of emotional distress. Again, we agree with plaintiff and must reverse the judgment of the trial court with respect to this claim.

In Stanback v. Stanback, 297 N.C. 181, 254 S.E.2d 611 (1979), our Supreme Court held that liability for the tort of intentional infliction of emotional distress arises “when a defendant’s conduct exceeds all bounds of decency tolerated by society and the conduct causes mental distress of a very serious kind.” West v. King’s Dept. Store, Inc., 321 N.C. 698, 704, 365 S.E.2d 621, 625 (1988). To assert a claim for intentional infliction of emotional or mental distress, plaintiff must allege facts sufficient to show: “(1) extreme and outrageous conduct, (2) which is intended to cause and does cause (3) severe emotional distress to another.” Dickens v. Puryear, 302 N.C. 437, 452, 276 S.E.2d 325, 335 (1981). “The tort may also exist where defendant’s actions indicate a reckless indifference to the likelihood that they will cause severe emotional distress.” Id.

In the present case, plaintiff alleged facts in her pleadings sufficient to assert a claim for intentional infliction of emotional distress. Furthermore, in her deposition, plaintiff alleges that defendant Nourse (1) followed closely behind her as she proceeded through the store toward his office in plain view of customers shopping in the store at the time; (2) repeatedly demanded the store’s merchandise, but refused to tell plaintiff what item in particular he was looking for; (3) resisted all attempts by the plaintiff to prove her innocence; (4) insulted plaintiff with statements such as “Usually the dog that barks the loudest is guilty”; and (5) threatened to “handcuff her to a chair” and have her arrested.

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Related

West v. King's Department Store, Inc.
365 S.E.2d 621 (Supreme Court of North Carolina, 1988)
Dickens v. Puryear
276 S.E.2d 325 (Supreme Court of North Carolina, 1981)
Harris-Teeter Supermarkets, Inc. v. Hampton
334 S.E.2d 81 (Court of Appeals of North Carolina, 1985)
Ayscue v. Mullen
336 S.E.2d 863 (Court of Appeals of North Carolina, 1985)
Shugar v. Guill
277 S.E.2d 126 (Court of Appeals of North Carolina, 1981)
Stanback v. Stanback
254 S.E.2d 611 (Supreme Court of North Carolina, 1979)
Hales v. McCrory-McLellan Corporation
133 S.E.2d 225 (Supreme Court of North Carolina, 1963)
Bradshaw v. McElroy
302 S.E.2d 908 (Court of Appeals of North Carolina, 1983)
Newton v. Standard Fire Insurance
229 S.E.2d 297 (Supreme Court of North Carolina, 1976)

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Bluebook (online)
398 S.E.2d 610, 101 N.C. App. 99, 1990 N.C. App. LEXIS 1219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-tjx-companies-inc-ncctapp-1990.