Lazarus Dept. Store v. Sutherlin, 30A01-8809-CV-276
| Decision Date | 04 October 1989 |
| Docket Number | No. 30A01-8809-CV-276,30A01-8809-CV-276 |
| Citation | 544 N.E.2d 513 |
| Parties | LAZARUS DEPARTMENT STORE, Defendant-Appellant, v. Patricia SUTHERLIN and Richard Sutherlin, Plaintiffs-Appellees. |
| Court | Indiana Appellate Court |
James R. Fisher, Bette J. Dodd, Ice, Miller, Donadio & Ryan, Indianapolis, Michael J. Tosick, Greenfield, for defendant-appellant.
J. Lee McNeely, Mark W. McNeely, Stephen E. Schrumpf, McNeely, Sanders, Stephenson & Thopy, Shelbyville, for plaintiffs-appellees.
Defendant-appellant, Lazarus Department Store (Lazarus), appeals a jury verdict rendered in favor of plaintiff-appellees, Patricia and Richard Sutherlin (Sutherlin), on their complaint for false imprisonment, malicious prosecution, and defamation.
We affirm.
On December 23, 1985, Mrs. Sutherlin visited Lazarus located in the Greenwood Park Mall in Greenwood, Indiana to complete her Christmas shopping for her family. Additionally, she intended to have her hair styled at the Lazarus Beauty Salon. Immediately upon arriving at the store, Sutherlin proceeded to the beauty salon located on the second floor to set up an appointment. After making her appointment, Sutherlin returned to the first floor to shop for her children. At the time she entered the store, Sutherlin had in her possession a Lazarus shopping bag in which were contained three sweaters she had previously purchased from Lazarus which she desired to return. Sutherlin did not bring with her the sales receipts for the items she was returning, however, believing that they were unnecessary as she had previously returned items to Lazarus without them.
During the course of her shopping, Sutherlin purchased two shirts for her son, a blouse for her daughter, and exchanged one of the previously purchased sweaters she had brought with her. Shortly after She proceeded to another department of the store and observed a blouse which she considered purchasing for one of her two daughters. She removed the blouse from the rack and entered a dressing room to try it on. She exited shortly thereafter carrying the blouse across her arm. Sutherlin then approached the register at which she had opened her instant charge account as she had been previously instructed. She observed, however, that the register was not attended by a clerk. While waiting for a clerk to arrive, Sutherlin left the area and began to browse among several racks of sweaters near the north door of the store. At this point Sutherlin was approached by Becky Stanifer (Stanifer) and Susan Jones (Jones), undercover security operatives employed by Lazarus who had been monitoring Sutherlin's activity. Stanifer and Jones grabbed Sutherlin, displayed their security badges, and escorted her to the store security office. When Sutherlin was grabbed, the blouse across her arm fell to the floor and one of the pair picked it up and placed it in her shopping bag.
1:00 p.m., Sutherlin opened a Lazarus charge account in order to purchase a jogging suit for her husband. She was informed that any other purchases she intended to make with the instant charge card within the next one-half hour should be conducted at the register at which she opened the account. After making the purchase, Sutherlin continued shopping.
In the security office, Stanifer and Jones emptied Sutherlin's shopping bag as well as her purse. They obtained identification from Sutherlin and determined that she had in her possession three sweaters with Lazarus tags on them, a blouse, and a scarf with a Blocks tag. Throughout the ordeal, Sutherlin proclaimed her innocence explaining that she was waiting for the cash register at which she acquired her instant charge to open in order to purchase the blouse. Sutherlin provided receipts for the items she had purchased and a receipt for the sweater she had exchanged that day. She explained to Stanifer and Jones that she had previously purchased the sweaters in her possession and intended to exchange them but did not have a sales receipt for the items. Stanifer and Jones ignored Sutherlin's protestations of innocence and upon completing a case report on the incident, contacted the Greenwood Police Department.
The police arrived shortly thereafter and handcuffed and transported Sutherlin to the Greenwood Police Department. At the Greenwood Police Department, Sutherlin was strip searched, photographed, and fingerprinted. After completing her processing, Sutherlin was handcuffed and transferred to the Johnson County Jail. At the Johnson County Jail, Sutherlin was again strip searched, fingerprinted, and photographed. She was then placed in a small holding cell until her husband was able to post bond and obtain her release later that day. Lazarus instigated criminal prosecution of the matter and on January 15, 1986, the Johnson County Prosecutor charged Sutherlin with theft. No probable cause hearing was held on the matter, however. Rather, the prosecutor proceeded to prosecute Sutherlin on the basis of the information contained in the Lazarus case report and probable cause affidavit executed by Stanifer.
In pertinent part, the case report provided as follows:
Operatives Susan Jones and Becky Stanifer observed a woman enter the store through the west doors. We observed the woman several times approach a rack of clothes and pick a number of sweaters. She then entered the fitting room where we observed her place the sweaters in her shopping bag. She exited the fitting room where she then proceeded to exit the store through the north doors. Susan and I then approached the woman and asked her to come back to the security office.
Record at 549-50. Similarly, the probable cause affidavit read as follows:
Becky Stanifer swears or affirms that she believes and has good cause to believe that on December 23, 1985, Patricia Ann Sutherlin came to Lazarus at Greenwood and went to several different racks of clothes and picked out merchandise.
The woman then went to the junior department where she went into the fitting room. I, Becky Stanifer and Susan Jones, Security Operatives, then observed her placing sweaters in her shopping bag. She then proceeded to exit the store through the north door. At this time we stopped her and asked her to come to the security office. She was identified as Patricia Ann Sutherlin by her driver's license and social security number....
Record at 666. Stanifer's affidavit of probable cause was the only document submitted to the trial court and no independent investigation was conducted concerning the allegations set forth therein.
Although originally charged with theft, a Class D felony, the prosecutor reduced the charge to two counts of conversion, Class A misdemeanors. On November 25, 1986, Sutherlin was tried by a jury and acquitted of the charges. Thereafter, Sutherlin instituted this suit against Lazarus for false imprisonment, malicious prosecution, and defamation. The jury returned a verdict in favor of Sutherlin awarding her $300,036.75 compensatory damages, together with punitive damages in the amount of $1,000,000. The jury also awarded compensatory damages to Richard Sutherlin, her husband, in the sum of $7,500. Lazarus subsequently instituted this appeal.
Lazarus raises the following issues for our review:
I. Whether the trial court erred in denying Lazarus's motion for judgment on the evidence.
II. Whether the trial court erred in refusing to give Lazarus's tendered Instructions No. 3 and 4 regarding probable cause.
III. Whether the trial court erred in giving Preliminary Instruction No. 3 and refusing to give Lazarus's tendered preliminary instructions.
IV. Whether the trial court erred in refusing to give Lazarus's tendered Instruction No. 10.
V. Whether the award of compensatory damages is against the evidence and excessive.
VI. Whether the award of punitive damages is supported by clear and convincing evidence.
VII. Whether the award of punitive damages is excessive.
VIII. Whether the award of punitive damages violates the United States and Indiana Constitutions.
DISCUSSION AND DECISION
At the conclusion of Sutherlin's case-in-chief and again at the close of the evidence, Lazarus moved for a judgment on the evidence pursuant to Ind. Rules of Procedure, Trial Rule 50. The trial court granted the motion with respect to Sutherlin's defamation claim, but denied it with respect to Sutherlin's claims for malicious prosecution and false imprisonment. Lazarus assigns this as error on appeal.
A judgment on the evidence is appropriate when there is no evidence or legitimate inference to be drawn tending to support at least one of the plaintiff's allegations. Saint Mary's Byzantine Church v. Mantich (1987), Ind.App., 505 N.E.2d 811. The determination of whether the plaintiff has produced sufficient evidence to support her contentions is made by a two-step analysis of all the direct and circumstantial evidence available. Dettman v. Sumner (1985), Ind.App., 474 N.E.2d 100. The court must first determine whether there is reasonable quantitative evidence to support the plaintiff's allegations. If none exists, the motion should be granted. Id. If there is some evidence, however, the trial court must then determine whether a reasonable inference that the plaintiff's allegations are true can logically be drawn from that evidence. Such inferences may not be based upon undue speculation. Id. When reviewing a ruling upon a T.R. 50 motion, we consider only the evidence and reasonable inferences most favorable to the non-moving party.
In order to succeed on a claim for a malicious prosecution a plaintiff must establish that the defendant instituted or caused to be instituted a prosecution against the plaintiff, that the defendant acted maliciously in doing so, that the prosecution was instituted without probable cause, and that the prosecution terminated in the plaintiff's...
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