CALDOR, INC. V. BOWDEN
625 A.2d 959 (1993)
NATURE OF THE CASE: Bowden (P) appealed a judgment notwithstanding the verdict on P's
wrongful discharge and emotional distress counts. Caldor (D) appealed the denial of J.N.O.V.
on the three remaining counts of false imprisonment, malicious prosecution, and defamation
and the denial of its motion for remittitur.
FACTS: P was sixteen years old when he applied for a position with D. D hired P as a
customer service representative and assigned him to its hardware department. On June 15,
1988, Baldwin, the store manager, paged P and instructed him to meet her at the upstairs
customer service desk. Baldwin told P that she needed his assistance and then led P to a 10'
X 10' windowless office on the upper level of the store. P found Hedrick and Hodum, two of
D's loss prevention personnel, standing in the room. They instructed P to sit down, and then
closed the door. Eventually they told P that there had been some missing money and
merchandise which had been traced back to P. P denied this accusation and attempted to
leave, but found Hodum blocking the door. Hedrick then stated 'sit down or we'll help you
sit down.' Fearing reprisal, P sat back down. When Bowden attempted to use the phone to
contact his parents, his attempt was met by a similar, more emphatic, warning -- Hedrick
ordered P 'to put the damn phone down or [I'll] help [you] do it.' On several occasions, P
could hear himself paged over the store's PA system. P explained that his mother might be
trying to contact him at the store and would be worried if she could not find him. Hedrick
did not permit P to respond and told P that, if his mother called, they would tell her that
P was not in the store. Then the interrogation began and Hedrick 'kept drilling' him about
the missing money. The men forced P to empty his pockets and reveal the contents of his
wallet. Hedrick told P that they had videotapes showing him stealing money from the
registers and that he would not be permitted to leave until he cooperated. Amazingly, those
tapes were never produced. The interrogation continued until approximately 8:00 p.m., when
Hedrick placed a blank 'voluntary statement' form in front of P. They told P that if he
signed the form, made restitution, and did not involve his parents that D would not contact
the police. P gave in to Hedrick's demand. On the first side of the form, Hedrick dictated
the terms of P's 'admission,' specifying the dates and amounts of money. P finally signed
the first side at 9:35 p.m. After P completed the first side of the page, Hedrick left the
room for thirty or forty minutes. Upon Hedrick's return, P realized that the store was
closed and all of the store lights were off. Hedrick then dictated the terms of the second
side of the form, which P signed. Hedrick told P to return the next day and repay the money.
Around 11:00 p.m. Hedrick allowed P to leave the store. P's mother met him at the door and
demanded an explanation for his tardiness. P told his mother what had happened and denied
stealing any money. The next day Mrs. Bowden spoke with Mr. Mehan, the store's security
manager, and Mr. Forrester, another store manager, to inquire about the prior night's
activities and to attempt 'to get to the bottom of things.' An argument ensued. Forrester
called P a nigger. P and his mother left the store and returned to their car. Mehan followed
them into the parking lot, approached them, and told P that he could not leave. Mehan then
seized P's arm and forced him to return to the store through the rear employee entrance.
Mehan led P back to his office on the ground floor. Mrs. Bowden followed and called her
husband, Reverend Horace Bowden. The Reverend asked to see the videotapes before making
restitution. Mehan refused and stated that he had no other choice but to arrest P and then
hung up. Mehan handcuffed P and called the Baltimore County Police. Mehan then escorted the
handcuffed P across the lower level of the store, up the escalators, and led him from the
back of the upper level to the front door. P remained in handcuffs in public view until the
police arrived. At a juvenile proceeding Master Gilbert found that there was insufficient
evidence to convince him beyond a reasonable doubt that P committed a theft. P then filed
suit alleging counts of false imprisonment, malicious prosecution, defamation, wrongful
discharge, and intentional infliction of emotional distress. The jury awarded $10,000 for
false imprisonment, $25,000 for defamation, $5,000 for malicious prosecution, $25,000 for
wrongful discharge, and $25,000 for intentional infliction of emotional distress. The jury
awarded P a total of $357,500 in punitive damages. The circuit court granted the motion for
J.N.W.V. on the wrongful discharge and intentional infliction of emotional distress counts,
but denied the motion for J.N.W.V. on the other three counts and denied the motion for
remittitur and for a new trial. The circuit court left the punitive damages award intact,
despite the grant of J.N.W.V. on two of the underlying causes of action. Everybody appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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