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Wallace v. Stringer

A jury question remained as to whether defendant's employee's conduct in threatening plaintiff constituted an assault.

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After an employee of Wal-Mart Stores, Inc. accused Mary Ann Wallace of shoplifting a baby blanket, Mary Ann and Kelvin Wallace filed the underlying action asserting several claims against Wal-Mart and its employee, Charlene Stringer. The trial court granted summary judgment to Wal-Mart and Stringer on several of the Wallaces’ claims including assault and false imprisonment. A jury returned a verdict of $50,000 on the Wallaces’ remaining claims. The Wallaces appeal contending that the trial court erred by 1 granting summary judgment on their assault and false imprisonment claims and 2 denying their motion for judgment n.o.v. or, in the alternative, motion for new trial. For the reasons set forth below, we reverse.

1. The Wallaces’ complaint alleged several causes of action against the defendants including: false imprisonment or false arrest, malicious prosecution, libel, intentional infliction of emotional distress, tortious misconduct, negligent hiring, conversion, assault, respondeat superior, and loss of consortium. The trial court granted the defendants’ motion for summary judgment on the Wallaces’ claims for false arrest, false imprisonment, libel, assault and intentional infliction of emotional distress. Of these complaints, the Wallaces only appeal the trial court’s ruling with regard to their claims for assault and false imprisonment. We therefore will limit our review to such complaints in this enumeration.

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