Great Atlantic & Pacific Tea Co. v. Paul

261 A.2d 731 (1970)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P, a retired police officer suffering from a recent heart attack, went shopping at D. So, recent had been his heart attack that this was one of the first times he had ventured out in his automobile. Due to heavy crowds in the store, P left his cart at the end of one aisle and slowly proceeded to examine carefully the labels of various articles of food to make sure they complied with his strict post-cardiac diet. Having examined and selected a particular item, he would then return to his cart, deposit the goods and go in search of other merchandise. Parker, an assistant manager, considered this method of shopping somewhat unusual and observed P for 20 minutes. Parker concluded that P had taken a can of flea and tick spray and had placed it in his coat pocket with the apparent intention of shoplifting. Parker testified he merely questioned P about a can of flea and tick spray that had been in his cart earlier. Parker said he never touched P, there was no commotion and there were few customers in the store. P testified that Parker accosted him in the middle of an aisle and demanded in a loud voice to know what he had done with the spray. When P said he did not have such an item, Parker replied, 'Don't tell me, you goddamn thief. You got it in your coat.' P further testified that when this occurred some twenty-five to thirty customers in the immediate vicinity of the aisle turned and stared, and continued to watch as Parker roughly frisked him, knocking over a display of cans and loudly repeating his accusation of thievery. P then claimed that Parker then grabbed him by the arm and forced him to march to the manager's office at the front of the store, attracting the attention of shoppers waiting at the check-out counters. No flea spray or any other item belonging to D was found. There was testimony that word of this incident spread throughout P's neighborhood some two miles from the location of the store, to the effect that P had been 'picked up for shoplifting.' P had lived in the community approximately ten years and was well known in the area. Some of D's employees at the store were close by neighbors. P testified that the incident aggravated his heart condition causing him physical pain and suffering, as well as personal humiliation. P recovered $10,000 compensatory and $30,000 punitive damages.