Carverton v. J.C. Penney Co.

GAERTNER, Judge.

In her petition, plaintiff Joyce E. Carver-ton prayed for actual and punitive damages against defendants J.C. Penney Company, Inc. and James Arnold in three counts. Count I sounded in false imprisonment, Count II in battery, and Count III in malicious prosecution. All three Counts were submitted to a jury which found in favor of plaintiff and against both defendants on Counts II and III and in favor of defendants on Count I. Plaintiff appeals from the judgment entered on the defendants’ verdict on Count I. Defendants have not appealed.

Plaintiff’s sole point on appeal is a…