June 8, 2009
Contact: Eric W. Boyer, Esq.
305-670-1101 Ext. 1023
FALSE IMPRISONMENT CLAIMS
MIAMI — Today, a Miami jury awarded Quintairos, Prieto, Wood & Boyer, P.A. trial attorney, David M. Tarlow, managing partner of the Fort Lauderdale office a defense verdict on behalf of a national retailer on a claim of false imprisonment. The case presented before the U.S. District Court, Southern District of Florida, where the plaintiff claimed she was wrongfully detained and illegally arrested and charged with grand theft.
On September 4, 2007 the plaintiff went to the store with her two minor children to exchange and purchase merchandise. She had accumulated approximately 50 items in her shopping cart. During checkout, plaintiff alleged she was told by a cashier that she was ready to go on a break and that she would only allow plaintiff to pay for six items. After paying for the six items, plaintiff took her son to the front doorway of the store, bypassing all of the cash registers, so he could play a video game.
Upon bypassing the registers, plaintiff was detained by the retailer and was subsequently arrested by local law enforcement. Plaintiff maintained her innocence and told law enforcement that she did not intend to leave the store but merely was taking her child to play a video game. Plaintiff was handcuffed and shackled by law enforcement in front of her children and husband, and was transported to a county jail on a charge of grand theft. As a result of the criminal charges, the plaintiff testified she was unable to leave the United States to attend her father’s funeral as well as her son’s baptism.
After four hours of deliberation, a jury returned a unanimous verdict finding that the retailer had probable cause to detain the plaintiff.
Quintairos, Prieto, Wood & Boyer, P.A., is a Florida-based law firm providing legal services to corporations, government entities and individuals in the areas of commercial and civil litigation. With six offices throughout the State including Miami, Ft. Lauderdale, Orlando, Tampa, Jacksonville and Tallahassee, and attorneys licensed in several states including the U.S. Virgin Islands.