Opinion

Shillington v. K-Mart Corp.

  • 102 N.C. App. 187
  • 402 S.E.2d 155
  • 1991 N.C. App. LEXIS 302
  • 1991 WL 35481
Court
Court of Appeals of North Carolina
Filed
Mar 19, 1991
Status
Published
Author
Wells
On the bench
Cozort, Johnson, Wells
Cited by
15 cases

holding that evidence defendant accused plaintiff of shoplifting was sufficient to prove slander per se

How later courts described this case

  • holding that evidence defendant accused plaintiff of shoplifting was sufficient to prove slander per se
  • holding no “initiation” where defendants gave information to police but defendants did not press charges or direct police to arrest the plaintiff

Written by the judges who cited it.

The opinion

Judge WELLS

dissenting in part and concurring in part.

As to plaintiff’s claims for slander and malicious prosecution, I respectfully dissent.

In my opinion, the circumstances surrounding the accusation by defendant’s agent that plaintiff was trespassing and looting were sufficiently disputed to leave a jury question as to whether defendant’s agent acted with a reckless disregard for the truth.

As to the malicious prosecution claim, it is clear to me that defendant’s agent procured the arrest of plaintiff, and that but for the accusations of defendant’s agent, there would have been no prosecution. Again, the question of whether defendant’s agent acted reasonably under all the circumstances is for the jury.

In all other respects, I concur in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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