Morales v. Lee

668 S.W.2d 867 (1984)

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Nature of the Case

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Facts

P was a part-time employee in D. P was called into D’s private office, in the presence of a co-worker Mrs. Lydia Martinez, and D’s son, Guillermo. Five dollars was missing: he asked her if she took the money. She replied 'no.' P testified that D then 'got mad . . . just went crazy. . . . He got all mad and he had a chart in his hand and he slammed the chart down on the desk . . . he was screaming and hollering and he was cussing at me and he was threatening me. He told me 'don't leave.' He said, 'If you leave, I'll call the police and the police will be here in a minute.'' P testified: 'I was scared of him, I thought he was going to hit me.' When asked whether she was subsequently allowed to leave the office, she answered 'yes. When the doctor said -- I guess after he decided to let me go, he said, 'get the hell out of here. I don't want to see you anymore.'' P left the doctor's private office but waited outside in the waiting room to get her paycheck before going home. A co-worker testified that she was shaking and crying, and couldn't talk after the incident. P couldn't sleep at night, that she had nightmares, couldn't eat, and would throw up afterward. P was upset, confused, and unable to work. P was unable to eat and lost twenty pounds. P sued D for false imprisonment and the jury awarded $10,000 in damages and $10,000 in exemplary damages. The court ordered remittitur to $5000 and D’s motion for a new trial was denied. D appealed.