Williams v. Kuppenheimer Mfg. Co

In Williams v. Kuppenheimer Mfg. Co., 105 N.C. App. 198, 412 S.E.2d 897 (1992), defendant's loss prevention manager contacted the Charlotte Police Department after discovering evidence which led her to believe that plaintiff, one of defendant's store managers, was embezzling money from the store. The loss prevention manager gave the police copies of the sales documents which had aroused her suspicion and the names of customers involved in three of the suspicious transactions. A warrant was issued, and plaintiff was indicted. The only investigation performed by the police investigator before seeking the warrant was to call the three customers identified by the loss prevention manager. At trial, the charge against plaintiff was dismissed at the close of the State's evidence. Subsequently, plaintiff brought a malicious prosecution action against defendant. A jury found that defendant had initiated the prior criminal proceeding against plaintiff, and the trial court entered judgment in plaintiff's favor. On appeal, the Court held that the trial court did not err in denying defendant's motion for directed verdict because "the jury could find defendant's actions went further than merely providing assistance and information" to the police. Williams, 105 N.C. App. at 201, 412 S.E.2d at 900. The Court pointed out that defendant brought all of the documents used in plaintiff's prosecution to the police and noted that, besides speaking with the three customers identified by the loss prevention manager, "law enforcement officials never interviewed other customers, store employees, or plaintiff prior to" plaintiff's arrest. Id. The Court further noted that law enforcement officials testified that they relied on the evidence compiled by the loss prevention manager. The Court concluded that "except for the efforts of defendant, it is unlikely there would have been a criminal prosecution of plaintiff," and that under the circumstances of that case, the trial court properly determined that the first element of the claim was a factual matter for the jury to resolve. Id.