P went shopping at D during her lunch break. While browsing through the store, she began to eat from a bag of peanuts marked with a D price sticker. A security guard followed P and observed her place the empty bag under a rose bush. He then watched her purchase some items and leave the store. After determining that P had not paid for a bag of peanuts, he followed her into the parking lot. He accused P of taking the bag of peanuts without paying and asked her to accompany him back into the store. P objected in that she claimed she bought the peanuts the day before at another D and could provide the receipt to prove it. P accompanied the guard to the back of the store. Within about ten to fifteen minutes a police officer arrived and arrested P. P posted bail and was released about one hour later. A jury convicted P of misdemeanor theft. The court of appeals overturned her conviction because of a defect in the charging instrument. P sued D for malicious prosecution, false imprisonment, intentional infliction of emotional distress and negligence. The jury awarded P $100,000 for the false imprisonment claim and $25,000 for the negligence claim. The court of appeals modified the judgment and affirmed the judgment as modified for $100,000. D appealed.

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