West v. King's Department Store, Inc., 321 N.C. 698

Summary

The Supreme Court of North Carolina reviewed directed verdicts against plaintiffs asserting false imprisonment, slander per se, and intentional infliction of emotional distress arising from a department store manager's accusations and threats after the plaintiffs purchased store hand trucks. The court held that the evidence was sufficient to submit Mr. West's false-imprisonment claim and both plaintiffs' emotional-distress claims to a jury, but insufficient to establish publication for slander per se or false imprisonment by Mrs. West. The court affirmed in part, reversed in part, and remanded.

Holdings

1. The evidence was sufficient to support a finding that Mr. West was falsely imprisoned and therefore the directed verdict on his claim was improper.
2. The evidence was insufficient to submit Mrs. West's false-imprisonment claim to the jury.
3. The directed verdict on the slander-per-se claims was proper because plaintiffs failed to prove publication to and understanding by a third person.
4. The evidence was sufficient to establish a prima facie claim of intentional infliction of emotional distress for both plaintiffs, and the directed verdict was improper.

Questions Presented

1. Whether the evidence was legally sufficient to submit Mr. West's false-imprisonment claim to the jury.
2. Whether the evidence was legally sufficient to submit Mrs. West's false-imprisonment claim to the jury.
3. Whether the evidence established publication, an essential element of the plaintiffs' slander-per-se claims.
4. Whether the evidence was legally sufficient to submit both plaintiffs' intentional-infliction-of-emotional-distress claims to the jury.

Disposition

reversed_and_remanded