Kroger Texas Ltd. Partnership v. Suberu

in which Justice HECHT, Justice O’NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice GREEN, and Justice WILLETT joined.

Theresa Suberu sued Kroger Texas Limited Partnership and assistant store manager Robert Moody (collectively, Kroger) for malicious prosecution and intentional infliction of emotional distress after she was acquitted on misdemeanor theft charges arising from an alleged shoplifting incident. The jury returned a verdict in Suberu’s favor on both claims, and the trial court signed a judgment in conformity with the verdict. The court of appeals affirmed. Kroger argues that the…