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Gau v. Smitty''s Super Valu Inc.8/3/1995
FIDEL, Judge
This appeal arises from Smitty's detention, on suspicion of shoplifting, of Yan Gau accompanied by Miau Yu, her four-year-old son. Smitty's appeals from a jury verdict in favor of Yan Gau and Miau Yu on their false imprisonment claims and in favor of Miau Yu on his negligence claim. Smitty's argues that the trial court should have disposed of all claims by directed verdict and that it is entitled to judgment notwithstanding the verdict or new trial.
We find that the trial court:
1) Should have directed a verdict in favor of Smitty's on Miau Yu's negligence claim but correctly allowed both Yan Gau's and Miau Yu's false imprisonment claims to proceed;
2) Incorrectly instructed the jury that Miau Yu's false imprisonment claim was dependent on Yan Gau's;
3) Should have directed the jury that Smitty's had reasonable cause for detaining Yan Gau; and
4) Should thereby have narrowed the issue of false imprisonment to whether Smitty's exceeded the scope of permissible detention.
Facts and Procedural History
Yan Gau, a Smitty's shopper, placed a pair of children's sandals in her shopping cart and covered them with an advertising flier. Yan Gau later said she placed the sandals in the cart to quiet Miau Yu, who wanted them; covered them to make Miau Yu forget them, planning to return them; and then forgot them herself. Karen Rogers, a Smitty's security officer, observed Yan Gau's actions on a surveillance monitor and followed her to the checkout stand. Though Yan Gau paid for other items, she did not pay for the sandals, which remained in the bottom of her cart.
Yan Gau left the store, placed her groceries and purse inside her car, and lifted Miau Yu from the cart. She then picked up the sandals. She later said she had just discovered them and was about to return them to the store. At that moment, Rogers approached, identified herself as a Smitty's security officer, pointed to the sandals, and motioned Yan Gau back into the store. Yan Gau, who had recently arrived from China, spoke little English and did not understand what Rogers said. She first thought Rogers wanted the advertising flier. When Rogers pointed at her purse, Yan Gau thought Rogers was trying to rob her. When Rogers pulled at her purse and pointed at the sandals, Yan Gau understood that Rogers thought she had stolen the sandals and, accompanied by Miau Yu, followed Rogers to the security office inside the store.
Rogers directed Yan Gau and Miau Yu to separate corners of the office, searched Yan Gau's purse, photographed Yan Gau against her will, showed Yan Gau part of the surveillance video, and presented a form letter demanding payment of a statutory civil penalty plus the sandals' purchase price. Yan Gau, increasingly distraught, wrote her phone number on the form letter, hoping Rogers would call her husband. Rogers did not perceive a language problem and did not call the number that Yan Gau had written. Yan Gau claims that Rogers was abusive, yelling and slamming objects, and that Rogers took Miau Yu from the room without explanation.
Yan Gau hyperventilated and lost consciousness. Rogers and the night manager called for paramedic assistance. Rogers testified that she took Miau Yu from the security office when the paramedics arrived to attend to Yan Gau and that one of the paramedics took him to the parking lot to see the fire engine. When the paramedics took Yan Gau to the hospital, neither Rogers nor the night manager undertook to supervise Miau Yu. According to Rogers, a Tempe police officer took control of him at some point after the paramedics left.
Yan Gau's husband, Jyou Jy
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