Ezell v. Southland Corp.

Plaintiff Pattie Ann Ezell appeals from the summary judgment in favor of defendant Southland Corporation, d/b/a Seven-Eleven, on her counts alleging false arrest, malicious prosecution, and outrage. Because Ezell concedes on appeal that the summary judgment was proper as to the false arrest and outrage claims, we confine our discussion to the issue of malicious prosecution.

An employee of the Seven-Eleven store, Dorothy Sutterfield, claimed that Ezell, while in the store, picked up two cans of beer and left the store without replacing them or paying for them. Her affidavit in support of…