Hall v. Montgomery Ward & Co.

252 N.W.2d 421 (1977)

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Nature of the Case

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Facts

Hall (P) was a borderline mental retard with an IQ of 69. P worked as a maintenance man in Ward's Store (D) in Cedar Falls, Iowa. P borrowed a floor scrubber and cleaning materials to moonlight by cleaning tavern floors. P was discovered, and a security officer of D interrogated P in the manager's office. P was threatened with jail and D came out of the meeting with four signed documents. At trial, an expert testified that P would sign anything to extricate himself from a stressful situation and that some of the words in the documents could not be understood by P. The documents were a confession of theft of $5000 and a promissory note to D for $5000. P testified that he signed the documents because he was threatened with jail. The store manager testified that the items listed in the documents as stolen would amount to $25 to $35 and that the $5000 figure was P's estimate. P testified about his mental anguish but did not introduce evidence of any physical injury or financial loss or expense. P then testified about his poverty tending to show that he did not have D's property and then over D's objection introduced D's balance sheet of almost $2 billion in assets with $2.6 billion in sales per year. D moved for a directed verdict, and it was denied. The jury awarded P $12,500 and $50,000 in exemplary damages. D moved for a judgment n.o.v. and a new trial and was given the new trial. P appealed from the new trial award. D cross-appealed for failure to grant a directed verdict or the judgment n.o.v.