Pace v. Winn-Dixie Louisiana, Inc.
| Decision Date | 20 September 1976 |
| Docket Number | WINN-DIXIE,No. 10869,10869 |
| Citation | 339 So.2d 856 |
| Parties | Margaret Pace, wife of/and William PACE v.LOUISIANA, INC. |
| Court | Court of Appeal of Louisiana — District of US |
Smith & Walters, Lloyd R. Walters, Slidell, for plaintiffs appellants.
James F. Holmes, Lawrence J. Ernst, New Orleans, for defendant appellee.
Before SARTAIN, BLANCHE and LOTTINGER, JJ.
This is a suit for damages resulting from the alleged wrongful detention and questioning of plaintiff, Margaret Pace, for shoplifting by employees of the defendant, Winn-Dixie of Louisiana, Inc. From a judgment in favor of the defendant, plaintiffs have appealed.
On December 28, 1971, between 5:00 and 6:00 in the afternoon, Mrs. Margaret Pace, accompanied by her 18 month old grandchild, entered the Winn-Dixie Store in Slidell, Louisiana, to shop. As she entered the store, she obtained a shopping cart, placed her grandchild in the shopping cart and proceeded with her shopping. Upon passing the drug counter, she realized she needed a pack of Stanback and aspirin, and upon retrieving them from the counter rather than placing them in the shopping cart, she held them in her hand so as not to allow the grandchild the opportunity of picking them up. Upon proceeding further down the aisle, she realized the inconvenience of attempting to hold these two items in her hand, and dropped them in a tote bag or purse for safekeeping. After completing her shopping, she proceeded to the check out counter whereupon she paid for her merchandise with a personalized check which showed her mailing address as well as her telephone number. Mrs. Pace had check cashing privileges at the store, and carried a card issued by the store identifying her as having check cashing privileges. However, upon arriving at her house, and unpacking her groceries, she realized that she had not paid for the Stanback and aspirin, since they had been separated from the other items, and immediately telephoned the Winn-Dixie Store informing them of her error, and determining if they would remain open so that she could return to pay for the merchandise.
While Mrs. Pace was in the store shopping she was observed by two store employees, Allen Creamer, Assistant Manager, and James Babin, Meat Market Manager, placing two items in her purse or tote bag. They continued to watch and observed that she did not pay for these items. Babin testified that it was possible he helped Mrs. Pace to her automobile with her groceries. Her license number was taken down as she drove off, even though Creamer knew who she was, and that she had check cashing privileges at the store. Both employees testified that the reason she was not approached prior to her driving off was because they did not want to embarrass her in front of the small child.
Mrs. Pace's telephone conversation with the check out girl, Bonnie Hingle, was conveyed to either Creamer or Babin prior to Mrs. Pace's return. Mrs. Pace testified that upon her return to the store, she went immediately to the check out counter, informed the girl in attendance that she was the person who had called about the two items. She had paid for the items when the check out attendant was instructed to cancel the sale and return the money. Mr. Creamer testified that when Mrs. Pace entered the store, she started toward the check out counter, but upon seeing him went toward him. Regardless, Mrs. Pace was requested to accompany Mr. Creamer and Mr. Babin to the store office. The office in question is a raised area near the check out counters enclosed by a half-wall, which allowed a view of the store by the occupants of the office, and the occupants to be seen from the store area.
It is Mrs. Pace's contention that while in this office area she was accused of shoplifting and theft and lectured on shoplifting as well as being told that she would be on record as a shoplifter, subject to search whenever she was in the store, and that this information would be given to other merchants in St. Tammany Parish. She further alleges that she was informed it was necessary for her to sign a form furnished by the store prior to her being released, and if she refused to sign, the police would be called.
Even though she was allowed to insert the emphasized language, the form reads as follows:
"SECURITY DEPARTMENT -- WINN-DIXIE STORES, INC
-------------------------------------------------------------------------------
DATE 9/28/71
------------------
TIME 6 P.M
------------------
I voluntarily state and admit that I have today taken the items listed below
from the
premises of Winn-Dixie Supermarket No. 1451, located at Hwy.190 City of Slidell
County of ____________ State of La
Item Retail Price Item Retail Price
---- ------------ ---- ------------
Stanback 93 cents
-------- ------------ ------------ ------------
Bayer Asprin 53 cents
------------ ------------ ------------ ------------
------------ ------------ ------------ ------------
I voluntarily sign this statement, of my own free will and without force, threats or promises and understand that I release the above mentioned store or Company and all it's agencies and representatives, individually and personally, from all types of civil liability.
She was in the office about 15 minutes, and upon signing the form was allowed to pay for the merchandise and leave.
Though the testimony as to what happened when Mrs. Pace first entered the store on her return is in conflict, in oral argument counsel for defendant admits that someone could have said 'cancel the sale.' Creamer denies using the word shoplifting or stealing in discussing the situation with Mrs. Pace, though he did admit explaining to her the problems the store was having with shoplifting and could have conveyed to Mrs. Pace the idea that she was guilty of shoplifting. He further admitted that the form would be filled out and the customer requested to sign it even though a mistake had been made by the customer.
Mr. Babin denied that anyone accused Mrs. Pace of being a shoplifter, that it would be reported to the police, that her purse would be searched whenever she came back to the store, or that merchants in the Slidell area would be furnished with this information. However, he did admit that she was informed that when someone conceals merchandise and leaves the premises without paying for it, that it is considered shoplifting for which they could be arrested. He candidly admitted that it is possible that she was told that the form had to be filled out before she could leave. He further admitted that the purpose of taking her to the office was to have the form filled out, and the purpose of the form was to admit that she had shoplifted. On examination by the Trial Judge, Mr. Babin admitted that the word 'taken' as found in the form meant 'stolen'.
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