Coblyn v. Kennedy's, Inc.

359 Mass. 319, 268 N.E.2d 860 (1971)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Coblyn (P), a 70-year-old man, entered Kennedy's, Inc.'s (D) store wearing an ascot previously purchased elsewhere. During the course of his shopping, he removed the ascot, put it in his pocket, then put it back on. As he was leaving, an employee of D approached P, putting his hand on his arm him and demanding that P explain where he had gotten the ascot. Several people witnessed the incident. As P returned to the store, he experienced chest and back pains. Inside the store, the salesman who sold P his goods informed the employee that the ascot was indeed P's. P was so upset by the incident that he required attention of the store's nurse and was later hospitalized. The jury awarded P $12,500 for false imprisonment. D appealed, claiming that he did not falsely imprison P, and also that D reasonably believed that P was shoplifting, so his actions were justified.