Coblyn v. Kennedy’s Inc

Plaintiff, a 70-year-old man, was shopping in Defendant store. Plaintiff wore an ascot he had previously purchased in another department store. While trying on a sports coat, Plaintiff took off his ascot and put it in his pocket. Plaintiff purchased the sports coat. As Plaintiff was leaving the store, he took his ascot out of his pocket and put it on again. Goss, an employee of Defendant, “loomed up” in front of Plaintiff and demanded that he stop and explain where he had gotten the ascot. Approximately eight to ten people were watching as Plaintiff agreed to return with Goss to the store. On the way up the stairs, Plaintiff experienced chest and back pains and had to stop several times. When they reached the second floor, the salesman who had sold Plaintiff the sports coat told Goss that the ascot was indeed Plaintiff’s. Plaintiff was so upset by the incident that he required the store nurse’s attention. Plaintiff was subsequently hospitalized and treated for myocardial infra ct. The jury awarded Plaintiff $12,500 for false imprisonment. Defendant appealed.