A woman who claims that she was wrongfully imprisoned by security at a JCPenney store after she walked out carrying a watch can proceed with her lawsuit against the store, a Brooklyn judge has ruled, though he also dismissed a claim for intentional infliction of emotional distress.
Supreme Court Justice David Schmidt (See Profile) ruled on June 20 in Sbrigato v. JCPenney, 20700/09, that the department store was not automatically protected from the lawsuit by General Business Law §218, which allows retail security to detain suspected shoplifters until police arrive, because there were issues of fact about whether the detention was reasonable.
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