Wal-Mart Stores, Inc. appeals from a jury verdict in favor of Polly Ann Johnson on her claims for false imprisonment, false arrest, malicious prosecution, assault and battery, and intentional infliction of emotional distress. Johnson’s claims arose from a series of events beginning with a November 11, 1994 incident at a Wal-Mart store during which she was forcibly detained by store employees and ending with her trial in magistrate court for violating a municipal ordinance against causing a disturbance. In the bifurcated trial, the jury rendered a verdict against Wal-Mart, but not against three employees who were named as co-defendants, and awarded Johnson $155,000 in compensatory damages and $320,000 in punitive damages. Wal-Mart contends it is entitled to judgment in its favor, notwithstanding the verdict, or to a new trial on the following grounds: 1 the verdict against Wal-Mart but in favor of its three employees was inconsistent and void; 2 claims for false imprisonment, false arrest, and malicious prosecution arising from a single transaction are mutually exclusive and cannot be presented to a jury together; 3 Wal-Mart’s conduct did not rise to the level of outrageousness required for a claim for intentional infliction of emotional distress; 4 the trial court erred in not charging the jury on the definition of clear and convincing evidence in the first phase of the trial; 5 the trial court’s charge on specific intent was erroneous; 6 Wal-Mart’s conduct did not demonstrate a specific intent to harm as required for an award of punitive damages in excess of $250,000; and 7 the charge was not adjusted to the evidence. For the reasons which follow, we affirm on condition that the award of punitive damages be reduced to $250,000.
Viewed in the light most favorable to support the jury’s verdict, the record reveals the following relevant facts: On the night of November 11, 1994, two Wal-Mart “loss prevention agents,” Danielle Buck and Michelle Beck, were following a group of five black females, aged 15 to 23, who were suspected of shoplifting. The group of young women split up. Beck followed two of the young women out of the store, asked to speak to them about the merchandise, and brought them to a back office. The store’s support manager, Suzanne Prather, instructed her staff via walkie-talkie, “the first black woman come out the store, grab her.”
