Date: 07-10-2000

Case Style: Robert Merriweather and Angela Merriweather v. K-Mart Corporation and William Turner

Case Number: 98A3800-5

Judge: McDuff

Court: State Court of Cobb County, Georgia

Plaintiff's Attorney: Michael Weinstock and Bert Levy of Weinstock and Scavo, P.C.

Defendant's Attorney: Earl Wiggers of Earl Wiggers, P.C.

Description: False Imprisonment, malicious prosecution, intentional infliction of emotional distress and loss of consortium claim. Plaintiff was employed as a mechanic at a Penske store. The K-mart security guard claimed that he had observed Plaintiff shoplifting at the Kmart store that was attached to the Penske store. Plaintiff was detained and spent Mother's day weekend in jail before bonding out. His wife was pregnant with their second child. He was eventually acquitted of the felony charges. Defendants contended they had probable cause and that they acted without malice.

Outcome: Plaintiff's verdict for $241,985.46 against K Mart Corporation and $5000.00 against Kmart's security guard.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: Bert Levy