(Download) "Dillard Department Stores, Inc. v. Silva" by Texas Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Dillard Department Stores, Inc. v. Silva
- Author : Texas Court of Appeals
- Release Date : January 13, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Motion for Rehearing Overruled June 10, 2003. Motion for Rehearing of Res Judicata Issue Overruled June 10, 2003. Dissenting Opinion by Justice Carter OPINION Dillard Department Stores, Inc. accused Lyndon Silva of shoplifting from its Town and Country Mall location in Houston. Silva was tried in criminal court for theft charges stemming from this incident and was found not guilty. After his acquittal, Silva brought a civil action against Dillard, alleging false imprisonment, malicious prosecution, intentional infliction of emotional distress, and negligence. A jury found Dillard liable for all the allegations brought by Silva, except malicious prosecution, and awarded Silva past and future damages of $10,124.01 and $3,000.00, respectively, and punitive damages of $50,000.00. Dillard contends the trial court erred in denying its motion for judgment notwithstanding the verdict or, alternatively, its motion for new trial, because there was no evidence or factually insufficient evidence to support the jury's findings of false imprisonment, intentional infliction of emotional distress, or negligence. Dillard also contends the trial court erred in denying these motions because there was no evidence or factually insufficient evidence to support the jury's actual and punitive damage awards.
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