Wal-Mart Stores, Inc. v. Johnson

547 S.E.2d 320, 249 Ga. App. 84, 2001 Fulton County D. Rep. 1188, 2001 Ga. App. LEXIS 348
CourtCourt of Appeals of Georgia
DecidedMarch 14, 2001
DocketA00A2439
StatusPublished
Cited by14 cases

This text of 547 S.E.2d 320 (Wal-Mart Stores, Inc. v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wal-Mart Stores, Inc. v. Johnson, 547 S.E.2d 320, 249 Ga. App. 84, 2001 Fulton County D. Rep. 1188, 2001 Ga. App. LEXIS 348 (Ga. Ct. App. 2001).

Opinions

Ellington, Judge.

Wal-Mart Stores, Inc. appeals from a jury verdict in favor of Polly Ann Johnson on her claims for false imprisonment, false arrest, malicious prosecution, assault and battery, and intentional infliction of emotional distress. Johnson’s claims arose from a series of events beginning with a November 11, 1994 incident at a Wal-Mart store during which she was forcibly detained by store employees and ending with her trial in magistrate court for violating a municipal ordinance against causing a disturbance. In the bifurcated trial, the jury rendered a verdict against Wal-Mart, but not against three employees who were named as co-defendants, and awarded Johnson $155,000 in compensatory damages and $320,000 in punitive damages. Wal-Mart contends it is entitled to judgment in its favor, notwithstanding the verdict, or to a new trial on the following grounds: (1) the verdict against Wal-Mart but in favor of its three employees [85]*85was inconsistent and void; (2) claims for false imprisonment, false arrest, and malicious prosecution arising from a single transaction are mutually exclusive and cannot be presented to a jury together; (3) Wal-Mart’s conduct did not rise to the level of outrageousness required for a claim for intentional infliction of emotional distress; (4) the trial court erred in not charging the jury on the definition of clear and convincing evidence in the first phase of the trial; (5) the trial court’s charge on specific intent was erroneous; (6) Wal-Mart’s conduct did not demonstrate a specific intent to harm as required for an award of punitive damages in excess of $250,000; and (7) the charge was not adjusted to the evidence. For the reasons which follow, we affirm on condition that the award of punitive damages be reduced to $250,000.

Viewed in the light most favorable to support the jury’s verdict, the record reveals the following relevant facts: On the night of November 11, 1994, two Wal-Mart “loss prevention agents,” Danielle Buck and Michelle Beck, were following a group of five black females, aged 15 to 23, who were suspected of shoplifting. The group of young women split up. Beck followed two of the young women out of the store, asked to speak to them about the merchandise, and brought them to a back office. The store’s support manager, Suzanne Prather, instructed her staff via walkie-talkie, “the first black woman come out the store, grab her.”

Meanwhile, Johnson, a 54-year-old black female, was approaching the exit after completing her shopping. Johnson herself was never suspected of shoplifting. Jamie Moore, a sales associate assisting Buck, ordered Johnson to “get on the floor.” Moore admittedly did not seize Johnson because she was interfering in the shoplifting arrests. When Johnson questioned his reason for detaining her, Moore pulled her back into the store. Moore forced Johnson to the ground, hurting her knee, and held her down on the floor in a “tae kwon do stress hold” until a police officer arrived and put her in handcuffs. Prather saw Moore forcibly restraining Johnson and did not intervene. About 20 customers and employees were standing around watching.

Meanwhile, Beck had returned to the front of the store and gotten into a physical confrontation with one of the suspected shoplifters after making a racially derogatory remark. The security team brought the three remaining suspected shoplifters back into the store. Buck placed Johnson under citizen’s arrest, accusing her of a state misdemeanor. Buck did not obtain an arrest warrant, despite stating it was her duty to do so on the “arrest by a private person” form. The responding officer arranged for Johnson to be transported to the hospital and cited her for violating a municipal ordinance, “[creating a] disturbance.” A newspaper article reporting on the incident named Johnson as a suspected shoplifter.

[86]*86Wal-Mart management decided to go forward with the ordinance violation charged against Johnson. Three months after the incident, Buck testified at Johnson’s trial in municipal court on the ordinance violation. The municipal court acquitted Johnson.

Johnson filed suit against Wal-Mart, Beck, Buck, and Moore. Wal-Mart appeals from the verdict in her favor.

1. Wal-Mart contends its liability, if any, was entirely derivative of the liability of its employees under the doctrine of respondeat superior. Wal-Mart contends, therefore, that the jury’s verdict, which assigned liability to Wal-Mart while assigning no liability to any of its three employees, was void and unenforceable. Wal-Mart’s argument fails for two reasons.

First, Wal-Mart failed, before the jury was dismissed, to object to the verdict on the basis that it was inconsistent. Accordingly, Wal-Mart waived any objection that the verdict was inconsistent. First Union Nat. Bank v. Boykin, 216 Ga. App. 732, 735 (1) (455 SE2d 406) (1995).

Secondly, the jury was authorized under the evidence to find that Wal-Mart was derivatively liable through the actions of employees other than the three individual defendants (such as support manager Prather) or that Wal-Mart was directly liable, such as by ratifying the actions of its employees or by directing that the prosecution against Johnson be pursued. See Taylor v. Gelfand, 233 Ga. App. 835, 837-838 (4) (505 SE2d 222) (1998); Walker v. Bishop, 169 Ga. App. 236, 242 (10) (312 SE2d 349) (1983). Consequently, we find no merit to Wal-Mart’s contention that it could be liable only if one of the three named employees was also liable. See Overground Atlanta v. Dunn, 191 Ga. App. 188, 190-191 (1) (381 SE2d 137) (1989).

2. Wal-Mart contends the trial court erred in denying its motion for directed verdict because “claims for false imprisonment, false arrest and malicious prosecution are[,] by nature, mutually exclusive,” and, therefore, “a plaintiff can only proceed [before a jury] on one of these three (3) theories.” “A directed verdict is appropriate only if there is no conflict in the evidence as to any material issue and the evidence introduced, construed most favorably to the party opposing the motion, demands a particular verdict. OCGA § 9-11-50 (a).” (Citation and punctuation omitted.) Time Warner Entertainment Co. v. Six Flags Over Ga., 245 Ga. App. 334, 341 (1) (537 SE2d 397) (2000).

In this case, Johnson presented evidence sufficient for the jury to find that on the night of November 11, 1994, Wal-Mart personnel unlawfully detained her and deprived her of her personal liberty, purportedly on suspicion of shoplifting. Johnson was not arrested for shoplifting. Thus, Johnson presented a jury issue on her claim of false imprisonment under OCGA § 51-7-20. Burrow v. K-Mart Corp., 166 Ga. App. 284, 287-289 (3) (304 SE2d 460) (1983).

[87]*87Further, Johnson presented evidence sufficient for the jury to find that on the same night Wal-Mart personnel placed her under “citizen’s arrest” without a warrant, maliciously and without probable cause, for the state misdemeanor of creating a disturbance. No formal charge was ever filed, however, which effectively dismissed the misdemeanor charge. Thus, Johnson presented a jury issue on her claim of false arrest under OCGA § 51-7-1. Garner v. Heilig-Meyers Furniture Co., 240 Ga. App.

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Wal-Mart Stores, Inc. v. Johnson
547 S.E.2d 320 (Court of Appeals of Georgia, 2001)

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Bluebook (online)
547 S.E.2d 320, 249 Ga. App. 84, 2001 Fulton County D. Rep. 1188, 2001 Ga. App. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wal-mart-stores-inc-v-johnson-gactapp-2001.