Kelly v. West Cash & Carry Building Materials Store
Louisiana Court of Appeals
745 So. 2d 743 (1999)
- Written by Kelsey Libby, JD
Facts
Burnetta Kelly (plaintiff) was employed as an assistant head cashier at West Cash & Carry Building Materials Store (West) (defendant), a retail outlet. In July 1996, Kelly was accused of allowing a customer to take merchandise from the store without paying. The store manager summoned Kelly to his office for questioning. According to Kelly, three members of management were present, and she was interrogated for approximately three hours. At one point, Kelly stood and walked towards the closed office door, and the store manager ordered her to sit down. Later, Kelly’s husband arrived, and the store manager ordered him to leave. Kelly never asked to leave the office, and the door was not locked. There was never any physical barrier to Kelly leaving the office, nor any threat of physical force that would have impeded her from doing so. Kelly was arrested and fired from her job. Kelly sued West for false imprisonment and related claims. The trial court granted summary judgment for West, and Kelly appealed.
Rule of Law
Issue
Holding and Reasoning (Byrnes, J.)
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