Tucker v. the Kroger Company

Bowman, Judge.

On September 3, 1995, plaintiff-appellant, Dennis Tucker, entered the Kroger store at Hamilton and Refugee Roads at approximately 12:20 a.m. to purchase Advil for his girlfriend. Tucker testified that he compared prices on two bottles of Advil and then decided not to purchase any because the price was too high. He placed the boxes back on the shelf and walked to the bottled water aisle. The brand he wanted was not in stock so he started to leave the store. As he approached the exit, Matthew Emmitt, a security guard employed by Wackenhut Security Corporation (‘Wackenhut”),…