# Mullins Ex Rel. Mullins v. Brody's Store Manager

> Court of Appeals of North Carolina · November 1, 1994 · 116 N.C. App. 676

URL: https://www.frixlaw.com/law-library/cases/9581913

## Case

- **Full name:** SHAURICE EVETTE MULLINS, a MINOR, BY HER GUARDIAN AD LITEM, THOMAS MULLINS, Plaintiff/Appellee v. BRODY’S STORE MANAGER, MRS. [DIXIE] FRIEND; ROGER FOREMAN, SECURITY GUARD, BRODY’S BRODYCO, INC.; AND PATROLMAN WOOLARD, GREENVILLE POLICE DEPARTMENT; AND BARBARA VOLCHER, BRODY’S EMPLOYEE, Defendants/Appellants
- **Court:** Court of Appeals of North Carolina
- **Decided:** November 1, 1994
- **Citations:** 116 N.C. App. 676; 449 S.E.2d 227; 1994 N.C. App. LEXIS 1117
- **Precedential status:** Published
- **Opinion:** Concurring in part by Johnson
- **Judges:** Greene, Johnson
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9581913

## Opinion text

Judge Johnson
concurring in part and dissenting in part.
I concur in all respects except in regards to. defendant Friend’s punitive damages. As to this, I respectfully dissent.
To justify an award of punitive damages for false imprisonment, an additional element of aggravating or outrageous conduct must exist. Blackwood v. Cates, 297 N.C. 163 , 254 S.E.2d 7 (1979); Rogers v. T.J.X. Companies, 329 N.C. 226 , 404 S.E.2d 664 (1991). “Evidence of insult, indignity, malice, oppression or bad motive” constitutes outrageous behavior. Id. at 230 , 404 S.E.2d at 666 .
Requiring plaintiff to drop her pants down to her ankles and lift her shirt up was more than enough evidence of insult, indignity and oppression constituting aggravating or outrageous conduct. The evidence presented shows that plaintiff was unjustly detained and subjected to outrageous conduct without benefit of probable cause. Under the facts and circumstances of this case the conduct was outrageous and exceeded the bounds of common decency.
Thus, I respectfully dissent and would affirm the trial court’s award for punitive damages.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9581913. Public record. Not legal advice.