Koepnick v. Sears Roebuck & Co.
Arizona Court of Appeals
762 P.2d 609 (1988)
Max Koepnick (plaintiff) was detained in a mall parking lot by two Sears (defendant) security guards suspecting him of shoplifting a wrench. One guard, Lessard, called the police, and the investigation confirmed Koepnick had receipts for the wrench and all his other purchases. To check whether a second wrench might have been stolen, the officer and Lessard searched Koepnick's truck in the lot and found nothing else. The officer cited Koepnick for disorderly conduct and released him after roughly 45 minutes total. A jury found for Koepnick on a trespass-to-chattel theory, awarding $100 compensatory and $25,000 punitive damages, but the trial court granted Sears judgment notwithstanding the verdict. Koepnick appealed and Sears cross-appealed.
Whether a defendant is liable for trespass to chattel when he intentionally deprives the plaintiff of a possessory interest in a tangible item, or intermeddles with it for a substantial period of time in a way that damages its condition, quality, or value.