Gustafson v. Payless Drug Stores Northwest, Inc.

Albertina Gustafson (plaintiff) was arrested for shoplifting at Payless Drug Stores Northwest, Inc. (Payless) (defendant). At trial, Gustafson testified that while shopping with her mother-in-law, Gustafson picked up a carton of cigarettes that she carried openly. At the checkout counter, Gustafson was told she had to pay for the cigarettes at a different cash register in the store. As Gustafson attempted to find the register, she became distracted by a discussion with her mother-in-law, then realized it was time to meet Gustafson’s husband in the parking lot, left the store without passing any cash registers, and waited outside for about five minutes. When her husband arrived, Gustafson placed the other purchases and the carton of cigarettes openly in the back of the truck. Payless security officer Mrs. Yaw approached and told Gustafson that she had forgotten to pay for an item. Gustafson apologized profusely and returned to the store. Yaw called the police. At trial, Yaw testified that Gustafson was not apologetic when confronted and that Gustafson walked around checkout lanes when leaving the store. Gustafson was acquitted of the shoplifting charge and sued Payless for malicious prosecution. Payless filed a motion for a directed verdict, arguing that Yaw had probable cause. The court denied the motion, and the jury awarded damages to Gustafson. Payless appealed.