Wesson v. Walmart - case brief PDF

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Athena Childers Saint Leo University CRM-123 May 2, 2021 Dr. David Persky

Kim Gallegly Wesson v. Wal-Mart Stores East, L.P.

38 So. 3d 746 Court of Civil Appeals of Alabama December 4, 2009

b. Type of Action: Law suit against Wal-Mart stores claiming malicious prosecution and false imprisonment.

c. Facts of the Case: Kim Wesson went to Wal-Mart to have her car serviced. Eventually she picked up her prescriptions and claimed that she’s pay for them with her groceries. Which the woman at the checkout counter in the tire and lube express department asked if she wanted to scan her prescriptions, Wesson claimed she already paid for them. She then left the store without paying for them. Kyle Jack then confronted Wesson and told her to come inside to fill out paper work. He then had called the police and had her arrested for larceny.

d. Contentions of the Parties: Contentions of the plaintiff: Kim Wesson has failed to establish any proof that Wal-Mart did not have any probable cause to hold Wesson in the questioning room. Contentions of the defendant: “both a merchant and its employee are immune from claims of false imprison instituted by a person detained on the suspicion of shoplifting, provided that the merchant or its employee had probable cause for believing that the person detained was attempting to shoplifting” (pg 416). e. Issue: Should Wal-Mart be sued for false imprisonment and malicious prosecution even though there was probable cause? f. Decision: The Alabama court of appeals affirmed the trial court’s summary judgement in favor of Wal-Mart. g. Reasoning: “Because we have determined that Wesson failed to establish that Wal-Mart and Jack did not have probable cause to institute criminal proceedings against Wesson for theft of the prescriptions, we affirm the summary judgement in Wal-Mart’s and Jack’s favor of the malicious-prosecution claim” (pg 417). h .Rule of Law: Malicious Prosecution- A person whom filled groundless complaints against a target to result in criminal prosecution. False Imprisonment- Unlawfully depriving a person from their freedom of movement....