Gregg v. Weller Grocery Co.

The plaintiff Ben Gregg, Jr., appeals from a summary judgment entered in favor of one of the defendants, Weller Grocery Co. Gregg was apprehended by the manager of the grocery company on suspicion of shoplifting, and was detained outside the store at a time when the defendant Mathis, the company’s security guard, was seated nearby in his car, eating. The manager summoned Mathis to hold Gregg. The security guard started over, but before he arrived Gregg broke away. Mathis fired certain warning shots at the fleeing Gregg, then shot him in the leg. We hold the trial judge was in error in…