Grant v. Stop-N-Go Market Of Texas, Inc.

994 S.W.2d 867 (1999)

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Nature of the Case

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Facts

P went to D with his girlfriend. His girlfriend stayed in the car, and P paid for a can of beer, and then decided he wanted to buy some potato chips. He left the bag with the can of beer on the counter and picked out two bags of potato chips which were marked on sale, two for 99 cents. P returned to the clerk and laid both bags of potato chips on the counter along with a one-dollar bill. The store clerk rang up the chips at 69 cents each. P told the clerk that the chips were on sale. The store clerk said something to P, but P did not understand what was said because the clerk spoke with a heavy foreign accent. The store clerk and P went back to the chip display. The clerk told D that the chips he selected were not on sale, but that another brand was on sale. P thought the clerk was wrong, he decided to buy the brand that the clerk said was on sale because he was in a hurry. As the clerk began to total the price for the two bags of chips, P noticed someone leaning through the window of his car and apparently talking to his girlfriend. P went to the door to make sure she was alright. P picked up the one-dollar bill which he had previously laid on the counter. P opened the door to the store with his right hand and held the dollar bill in his left hand. After determining that the person leaning on his car was an acquaintance, P returned to the counter, paid for the two bags of chips, and began to walk out of the store. Just as P reached the door, the store manager, Calhoun came from the back of the store, grabbed him by the arm, and said words to the effect, 'he (the clerk) is doing his job well, let's talk about the cigarettes that you stole.' Calhoun made the accusation loud enough that all the patrons in the store heard what he was saying. Calhoun said words to the effect, 'everything was on a surveillance videotape and there is nothing to talk about.' P denied stealing any cigarettes. Calhoun thought P's attitude was hostile and somewhat threatening, and so he decided to call the police to investigate the matter. He said he feared a confrontation with P. Calhoun said that when he told P he was going to call the police, P responded by saying to go ahead and call the police. P and the officer viewed the surveillance video. P told the officer he had picked up a dollar before stepping out the door. Calhoun told the officer he thought the object P picked up looked like a pack of cigarettes. Calhoun gave the officer the surveillance video, and then the officer left the store with P. P was never directed to remain in the store, and P was not put in or asked to go to a back room. D did not produce the video at trial. The police took P to the station to view the videotape. After reviewing the tape, the police determined the allegations against P were unfounded and released him. A police officer said the videotape was returned to Stop-N-Go. The court gave summary judgment to D and P appealed.