Gayle Louise Eckhardt v. Philip Samano, Tintori Enterprises dba Concord Food 4 Less
Published: Nov. 30, 2004 | Result Date: Aug. 30, 2004 | Filing Date: Jan. 1, 1900 |Case number: C9500121 Verdict – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Howard J. Friedman Ph.D.
(medical)
Facts
Gayle Eckhardt, 50, went to pay for her purchases at the conclusion of shopping at Food 4 Less on March 31, 2003. When she gave the store's checker a $100 bill for payment, the clerk, after checking the bill with a counterfeit detection pen, called store security, who led Eckhardt to the service desk. Before the police arrived on scene, Eckhardt tried to leave, but was followed outside by store loss prevention agent Philip Samano, who detained her with the help of other employees until the police arrived. The police placed her under arrest and took the $100 bill into evidence. After the police found the bill to be valid 1934 series currency, they released Eckhardt. Eckhardt sued Samano and Tintori Enterprises, operating as Concord Food 4 Less, for assault, battery, slander per se, intentional infliction of emotional distress, false arrest, false imprisonment, malicious prosecution and negligent hiring/training.
Injuries
Eckhardt contended that in addition to an exacerbation of her peripheral neuropathy condition, she also sustained psychiatric injuries diagnosed as post-traumatic stress disorder. The defendants denied that Eckhardt sustained any physical injury and that any diagnosis of post-traumatic stress disorder was related to her psychiatric history before the detention.
Other Information
Judge Joyce Cram granted the defendants' motion for nonsuit on the slander, malicious prosecution and negligent hiring and training causes of action the close of Eckhardt's case-in-chief. The jury subsequently returned a defense verdict on the remaining causes of action.
Deliberation
25 minutes
Poll
12-0 (on all issues)
Length
five days
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