$300K Settlement For Shopper 'Set Up' By Security Guard
2/11/02

This case involved claims that the defendant department store set-up the plaintiff and then accused and pressed charges for shoplifting.

The plaintiff alleged in her complaint that defendant Value City Department Store's security guard observed the plaintiff shopping with her infant daughter, a friend and the friend's child, and matching up shirts and rompers for the infant by placing shirts under overalls to see combinations. All tags remained on all items at all times.

The security guard called the cashier at the store and told her that when the plaintiff came into her check-out line, she should not ring up every item and that then she was going to stop her for shoplifting. The security guard then went to the check-out and bagged the plaintiff's items. She watched as the cashier failed to ring up every item. Payment was then made by the plaintiff for the amount requested by the cashier. The security guard then hid and stopped the plaintiff as she was about to exit the store.

The case alleges that defendant security guard gave the plaintiff a false name when asked for her identity, threatened the plaintiff with jail if she didn't sign papers and talked abusively to her. The plaintiff went through a criminal trial in 18th District Court where the district court judge dismissed the case, stating that this was a set-up and that the court didn't tolerate this type of behavior.

Defendant security guard admitted her actions in the criminal court proceeding. The other security guard who assisted in the stop came forward and testified to the fact that the plaintiff was set up, as well as to the improper detention of the plaintiff.

Defendant Value City Department Store and the security guard herself claimed that she was confused and scared when she admitted said behavior in the criminal trial. They also denied significant damages to the plaintiff.

The anticipated witnesses included, among others, the security guard who assisted in the stop, the police officer, the judge who dismissed the criminal trial, the public defender who represented the plaintiff, and experts.

The case mediated for $125,000, which was accepted by the plaintiff but rejected by the defendants. Although little to nothing occurred between mediation and trial, the case settled immediately before jury selection for $300,000.

The parties each had motions to allow/bar punitive and exemplary damages, which the plaintiff felt were permissible in this particular case pursuant to statute as an exception to the general bar against same.

Settlement amount based upon emotional distress and anxiety; loss of reputation and good name; necessity for psychological care; humiliation of defending self in a criminal trial; evidence of arrest on record