WAL-MART V. COCKRELL 61 S.W.3d 774 (2001) CASE BRIEF

WAL-MART V. COCKRELL

61 S.W.3d 774 (2001)

NATURE OF THE CASE: Cockrell (P), shopper, filed an action against Wal-Mart (D) alleging that D assaulted and falsely imprisoned him as a suspected shoplifter. D appealed a damages award for past mental anguish in P's favor.

FACTS: P and his parents went to the layaway department at a D store. P stayed for about five minutes and decided to leave. As he was going out the front door a loss-prevention officer, Navarro, stopped him and requested that P follow him to the manager's office. Once in the office Navarro told him to pull his pants down. P put his hands between his shorts and underwear, pulled them out, and shook them. Nothing fell out. Navarro told him to take off his shirt. P raised his shirt, revealing a large bandage which covered a surgical wound on the right side of his abdomen. P had recently had a liver transplant. Navarro asked him to take off the bandage, despite P's explanation that the bandage maintained a sterile environment around his surgical wound. Navarro's insisted. P took down the bandage, revealing the wound. Two other D employees, were in the office when P lifted his shirt. Navarro apologized and let P go. D sued P for false imprisonment and assault. P was awarded $300,000 for past mental anguish. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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