Hernandez v. K-Mart Corp.

NESBITT, Judge.

There being an absence of any evidence to support K-Mart’s affirmative defenses of probable cause and consent, we find that the trial court erred in submitting these issues to the jury. Therefore, we reverse the judgment below.

A security guard, working for K-Mart, approached Dany Hernandez in the parking lot of the K-Mart store. At the guard’s request, she accompanied him to a room in the back of the store where she was accused of shoplifting. Though she denied the accusation, she was interrogated, threatened with police action, and strip-searched. When the K-Mart employees’…