Initially, the defendants contend that as a matter of law the plaintiff was not falsely imprisoned. As a direct result of the emotional upset caused by the incident, the plaintiff was hospitalized and treated for a 'myocardial infarct.' 13 She brought the plaintiff into the nurse's room and gave him a soda mint tablet. The salesman became alarmed by the plaintiff's appearance and the store nurse was called. The plaintiff then asked: '(W)hy 'these two gentlemen stop me? " The salesman confirmed that the plaintiff had purchased a sport coat and that the ascot belonged to him. After reaching the second floor, the salesman from whom he had purchased the cost recognized him and asked what the trouble was. As he and Goss went upstairs to the second floor, the plaintiff paused twice because of chest and back pains. The plaintiff then said, 'Yes, I'll go back in the store' and proceeded to do so. Eight or ten other people were standing around and were staring at the plaintiff. Where did you get that scarf?' The plaintiff responded, '(W)hy?' Goss firmly grasped the plaintiff's arm and said: '(Y)ou better go back and see the manager.' Another employee was standing next to him. Just as the plaintiff stepped out of the door, the defendant Goss, an employee, 'loomed up' in front of him with his hand up and said: 'Stop. The knot was visible 'above the lapels of his shirt.' The only stop that the plaintiff made on the first floor was immediately in front of the exit in order to put on his ascot. Just prior to exiting through the outside door of the store, he stopped, took the ascot out of his pocket, put it around his neck, and knotted it. After purchasing a sport coat and leaving it for alterations, he put on his hat and coat and walked downstairs. He removed his hat, topcoat and ascot, putting the ascot in his pocket. '(A)round his neck' he wore an ascot which he had 'purchased * * * previously at Filenes.' He proceeded to the second floor of Kennedy's to purchase a sport coat. He was wearing a woolen shirt, which was 'open at the neck,' a topcoat and a hat. He was seventy years of age and about five feet four inches in height. On March 5, 1965, the plaintiff went to Kennedy's, Inc. We state the pertinent evidence most favorable to the plaintiff.
Lead coblyn trial#
The case is here on the defendants' exceptions to the denial of their motion and to the refusal of the trial judge to give certain requested instructions to the jury. The jury returned verdicts for the plaintiff in the sum of $12,500. At the close of the evidence the defendants filed a motion for directed verdicts which was denied. This is an action of tort for false imprisonment. 7īefore TAURO, C.J., and SPALDING, SPIEGEL, REARDON and BRAUCHER, JJ. Kaplan, Boston (Julian Soshnick, Boston, with him) for plaintiff. Supreme Judicial Court of Massachusetts, Suffolk.
0 kommentar(er)
