Randall’s Food Markets, Inc. v. Johnson
Texas Supreme Court
891 S.W.2d 640 (1995)
- Written by Ross Sewell, JD
Facts
Mary Lynn Johnson (plaintiff), a manager for Randall’s Food Markets, Inc. (Randall’s) (defendant), forgot to pay for a $25 Christmas wreath she held while purchasing several other items. Vernon Davis, the checkout clerk, did not charge Johnson for the wreath after ringing up her other items because Johnson said that she didn’t have anything else to purchase. Two days later when at work, Lewis Simmons, director of the store, escorted Johnson to a back office and questioned her. Mike Seals, the district manager, also wanted to question Johnson later that day, so Simmons asked her to stay at the store. Simmons told Johnson not to go on the store’s floor but that she could wait in the office or work on a volunteer painting project. Johnson decided to wait in the office. While she waited, Johnson left the office twice, once to use the restroom and once to pay for the wreath. When Seals arrived, he and Simmons questioned Johnson further, and then suspended Johnson for 30 days without pay and transferred her to another store. Johnson brought a claim against Randall’s for false imprisonment, defamation, and intentional infliction of emotional distress. Randall’s moved for summary judgment, and the trial court granted the motion. The court of appeals reversed.
Rule of Law
Issue
Holding and Reasoning (Spector, J.)
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