American Multi-Cinema Inc. v. Walker

The trial court reversibly erred in charging the jury on ratification since the charge misled the jury into believing that the defendant could be liable based solely for retaining an off-duty officer as a movie security guard after he wrongfully arrested a 13-year-old child without determining whether the officer was acting on the defendant's behalf at the time.

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Acting as next friend and natural guardian of Darius Walker, Laverne Walker sued American Multi-Cinema, Inc. and AMC Colonial Theaters, Inc. collectively “AMC” and Kevin Kellas for, among other things, assault, battery, intentional infliction of emotional distress, false arrest, false imprisonment, and malicious procecution. A jury subsequently found AMC and Kevin Kellas liable to Walker. AMC appeals, asserting numerous errors by the trial court. Although we find the evidence sufficient to support the jury’s verdict, errors in the jury charge require reversal, and we remand for a new trial. 1. AMC first argues that the trial court erred in denying its motion for directed verdict and judgment notwithstanding the verdict. On appeal from a trial court’s rulings on motions for directed verdict and j.n.o.v., we review and resolve the evidence and any doubts or ambiguities in favor of the verdict; directed verdicts and judgments n.o.v. are not proper unless there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demands a certain verdict.1 Viewed in this manner, the evidence shows that on March 5, 1999, 13-year old Darius Walker went to AMC to see a movie. After the movie, he waited outside for his mother to give him a ride home. Kevin Kellas, a white, off-duty Gwinnett County deputy sheriff who was working as a security guard for AMC that night, approached a group of teenagers outside the ticket booth. The group included Darius, an African-American. Kellas told the group that AMC policy allowed them to stay on the property for 20 minutes before a movie and 20 minutes after, and that they either needed to buy a ticket and go to a movie or go home.

Kellas later approached Darius, who was then standing by himself, and asked to see his ticket stub. Kellas checked ticket stubs to enforce AMC’s policy against loitering. Darius was the only African-American in the area.

American Multi-Cinema Inc. v. Walker

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