Kmart Corp. v. Perdue

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting, in the context of a merchant’s detention of suspected shoplifters, when the merchant had probable cause to believe that the suspects had stolen merchandise, that it was error for the trial court not to grant the defendant’s motions for a directed verdict and JNOV
• when there is no evidence merchant “used any more force than was necessary to ensure that [plaintiffs] were detained,” merchant entitled to directed verdict on assault and battery claim
• privilege applied where employee did not use “any more force than was necessary”
• in state with nearly identical privilege statute, court held that where merchant uses only force minimally necessary to ensure detention of suspected shoplifter, statute protecting merchant against unlawful detention claim must also shield merchant from assault and battery claim

Source: CourtListener parenthetical corpus (CC0).