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Lopez v. Winchell’s Donut House

Illinois Appellate Court
466 N.E.2d 1309 (1984)

Facts

Lopez (plaintiff) worked at Winchell’s Donut House (Winchell) (defendant). Another employee, Cesario, asked Lopez to come in to the store. Lopez accompanied Cesario into the store’s baking room, where she was asked to sit down. Cesario then closed the door and locked it with a little latch. Cesario and another employee, Bell, told Lopez that they had proof that she had failed to ring up some sales and had instead kept the money from those sales, constituting retail theft. Cesario and Bell did not tell Lopez she would lose her job if she did not answer their questions, threaten to fire her, or make any kind of threats. Lopez did not fear for her safety, did not refuse to answer any questions, was not prevented from leaving the room, and later got up and left the room when she began to shake and feel ill. Lopez brought an action for false imprisonment. The circuit court granted summary judgment for Winchell. Lopez appealed.

Rule of Law

Issue

Holding and Reasoning (Lorenz, J.)

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