COBLYN V. KENNEDY'S, INC.
359 Mass. 319, 268 N.E.2d 860 (1971)
NATURE OF THE CASE: Kennedy's (D) appealed the decision for Coblyn (P) in an action
brought to recover damages for tortious false imprisonment. D contends that, as a matter of
law, it did not falsely imprison P and objected to the instructions given to the jury.
FACTS: Coblyn (P), a 70-year-old man, entered Kennedy's, Inc.'s (D) store wearing an
ascot previously purchased elsewhere. During the course of his shopping, he removed the
ascot, put it in his pocket, then put it back on. As he was leaving, an employee of D
approached P, putting his hand on his arm him and demanding that P explain where he had
gotten the ascot. Several people witnessed the incident. As P returned to the store, he
experienced chest and back pains. Inside the store, the salesman who sold P his goods
informed the employee that the ascot was indeed P's. P was so upset by the incident that he
required attention of the store's nurse and was later hospitalized. The jury awarded P
$12,500 for false imprisonment. D appealed, claiming that he did not falsely imprison P, and
also that D reasonably believed that P was shoplifting, so his actions were justified.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment