KOEPNICK V. SEARS ROEBUCK & COMPANY 762 P.2d 609 (1988) CASE BRIEF

KOEPNICK V. SEARS ROEBUCK & COMPANY

762 P.2d 609 (1988)

NATURE OF THE CASE: Koepnick (P) appealed a granting of a motion for a new trial for Sears (D) after P got the verdict in P's action for false arrest and several other claims.

FACTS: P was stopped by D security guards. They suspected D of shoplifting a wrench and detained P for approximately 15 minutes until the police arrived. The police and P became involved in an altercation in which P was injured. The police officer handcuffed P, placed a call for a backup, and began investigating the shoplifting allegations. P had receipts for the wrench and for all the D merchandise he had been carrying. The store clerk verified the sale and said that he had put the wrench in a small bag, stapled it shut, and then placed that bag into a large bag containing P's other purchases. The small bag was not among the items in P's possession in the security room. To determine whether a second wrench was involved, the police and D searched P's truck which was in the mall parking lot. No stolen items were found. The police cited Koepnick for disorderly conduct and released him. The entire detention lasted approximately 45 minutes. P sued D for false arrest, assault, trespass to chattel, invasion of privacy and malicious prosecution. The trial court directed a verdict in favor of D on all charges except false arrest and trespass to chattel. A jury awarded P $25,000 compensatory damages and $500,000 punitive damages for false arrest, and $100 compensatory damages and $25,000 punitive damages for trespass to chattel. D moved for judgment n.o.v. and alternatively for a new trial. The trial court granted the motion for new trial on the false arrest claim. The court granted D's motion for judgment n.o.v. on the trespass to chattel charge. This appeal and cross-appeal followed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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