Cuellar v. Walgreens Co.
Texas Court of Appeals
2002 WL 471317 (2002)
- Written by Ross Sewell, JD
Facts
Dulcinea Cuellar (plaintiff), a cashier, brought a claim for false imprisonment against her employer, Walgreens Co. (defendant), and its loss-prevention specialist, Jim Lindsey (defendant). Cuellar purchased items from another Walgreen’s cashier, and the price entered for photographs was one cent. Cashiers routinely rang up two-for-one items at the listed price and the second item as one cent. After an investigation, Lindsey escorted Cuellar to the so-called tape room at the back of the store where he interviewed her for more than an hour. Cuellar alleged that Lindsey threatened she would be charged with theft and taken away by the police unless she confessed. Although Cuellar denied stealing, at the end of the interview, she was so distraught that she signed a confession to “passing” $350 in store merchandise, plus $4 for candy bars she admitted to “grazing.” Cuellar sued for false imprisonment, negligence, defamation, and intentional infliction of emotional distress. The trial court granted a take-nothing summary judgment in favor of Walgreens. Cuellar appealed.
Rule of Law
Issue
Holding and Reasoning (Ya Ez, J.)
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