Redding v. Shelton's Harley Davidson, Inc.

SMITH, Judge.

Plaintiff Aubrey Redding Jr. appeals from a jury trial resulting in a verdict and entry of judgment thereon in favor of defendants Shelton’s Harley Davidson, Inc. (Shelton’s Harley) and Shelton Davis (Davis). We order a new trial.

On 16 September 1997, plaintiff entered Shelton’s Harley in Goldsboro, North Carolina. A store employee, suspecting plaintiff was stealing a vest, confronted plaintiff and then yelled out to other employees to call the police. Plaintiff tried to leave the store; however, John Martindale (Martindale), a store employee, blocked plaintiff’s exit and, along…