Thomas v. E.J. Korvette, Inc.

Lawrence B. Thomas (plaintiff) worked as a police officer for 15 years with a distinguished record before becoming the security manager of a department store owned by E. J. Korvette, Inc. (Korvette) (defendant). Thomas planned to purchase a game from the store for his child’s birthday. Thomas went to the toy department, selected a game, and was walking to the cash register to purchase the game when he noticed a person who he suspected was a shoplifter. Thomas, still carrying the game, followed the suspected shoplifter until the person left the store. Thomas’s car was parked nearby, so he put the game in his trunk, planning to pay later. Thomas later returned to the toy department, chose another toy, and paid for the game as well as the second toy. Thomas put the second item and receipt in his trunk as well. The store’s assistant manager, Mr. Brown, saw Thomas put the game in his trunk and believed that Thomas had stolen it. When store management confronted Thomas, he could not find the receipt for the toys, but the cashier corroborated Thomas’s statement that he had paid for both items. Nonetheless, the store management called the police, and Thomas was arrested. Thomas later found the receipt in his trunk. At his preliminary hearing a few days later, the justice of the peace dismissed the charges against Thomas but ordered him to pay costs. Following his arrest, Thomas had trouble finding work, and prospective employers reported that Korvette called Thomas a thief. Thomas could not get a job in security and had to take a job as a cosmetics salesperson. While working as a cosmetics salesperson, he went to a Korvette store and was asked to leave as a security risk. Thomas sued Korvette for false arrest, malicious prosecution, and defamation of character. Thomas presented evidence of actual damages of $1,675, including $65 for a bail bond, $350 in attorney’s fees, $310 for an employment-agency fee, and $950 for lost wages. Thomas also claimed loss of future earning capacity because he could not find work in security. Although Thomas earned more as a cosmetics salesperson than he had at Korvette, most security professionals made $600 per year more than Thomas did as a cosmetics salesperson, and Thomas preferred security work. The jury found Korvette liable and awarded Thomas $250,000 in compensatory damages and $500,000 in punitive damages. Korvette moved for judgment notwithstanding the verdict and for a new trial.