Cote v. Krauss Company, Inc.

BOUTALL, Judge.

In this tort action Clayton E. Cote seeks damages for an alleged false arrest. The incident occurred in defendant Krauss Co., Inc.’s store. The trial court found in favor of defendant and dismissed plaintiff’s suit. Plaintiff has appealed and we affirm.

The testimony shows a clear conflict as to how the incident occurred. Plaintiff testified that he was in Krauss’ store as a patron, and was looking at books when a security guard approached him and accused him of peeping into a stall in the men’s room. He said that the guard flashed a badge, grabbed him by the arm and attempted…