Wednesday, July 13, 2011
Need Help with Business Law?
At about 7:30 P.M. on September 8, 1976, Deborah A. Johnson entered a Kmart store located in Madison, Wisconsin, to purchase some diapers and several cans of motor oil. She took her small child along to enable her to purchase the correct size diapers, carrying the child in an infant seat, which she had purchased at Kmart two or three weeks previously. A large Kmart price tag was still attached to the infant seat. Johnson purchased the diapers and oil and some children's clothes. She was in a hurry to leave because it was 8:00 P.M., her child's feeding time, and she hurried through the checkout lane. She paid for the diapers, the oil, and the clothing. Just after leaving the store she heard someone ask her to stop. She turned around and saw a Kmart security officer. He showed her a badge and asked her to come back into the store, which she did. The man stated, "I have reason to believe that you have stolen this car seat." Johnson explained that she had purchased the seat previously. She demanded to see the manager, who was called to the scene. When Johnson pointed out that the seat had cat hairs, food crumbs, and milk stains on it, the man said, "I'm really sorry, there's been a terrible mistake. You can go." Johnson looked at the clock when she left, which read 8:20 P.M. Johnson sued Kmart for false imprisonment. Is Kmart liable? Why??
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