Kincaid V. Ferguson Case Study
Issue Presented
Under O.C.G.A. section 51-7-60 can Robin Kincaid recover damages from Barclay’s Department Store when (1) the stores antishoplifting device alarm was triggered; (2) the clerk failed to deactivate the shoplifting device; (3) the security guard touched Kincaid’s elbow (4) the security guard escorted Kincaid to the back of the store (5) Kincaid was embarrassed by the security guard’s actions (6) asked Kincaid to remain in the room; (7) when the security guard left for fifteen minutes; (8) the security guard took a phone call from his wife?
Brief Answer Probably yes. To prove that a plaintiff is precluded from recovery a defendant must show: (1) reasonable cause to detain, (2) detention, (3) whether detention was in reasonable
manner, and (4) rather detention was for a reasonable time. Barclay’s Department Store had a reasonable to cause to detain Kincaid because the store’s antishoplifting alarm sounded. Kincaid was detained because she was taken to a room at the back of the store and because she was not sure if she was free to leave. The manner in which Kincaid was detained was not reasonable because the security guard touched Kincaid’s physical person. The time that Kincaid was detained was not reasonable because the time was not used to investigate rather or not Kincaid was shoplifting.
Under O.C.G.A. section 51-7-60 can Robin Kincaid recover damages from Barclay’s Department Store when (1) the stores antishoplifting device alarm was triggered; (2) the clerk failed to deactivate the shoplifting device; (3) the security guard touched Kincaid’s elbow (4) the security guard escorted Kincaid to the back of the store (5) Kincaid was embarrassed by the security guard’s actions (6) asked Kincaid to remain in the room; (7) when the security guard left for fifteen minutes; (8) the security guard took a phone call from his wife?
Brief Answer Probably yes. To prove that a plaintiff is precluded from recovery a defendant must show: (1) reasonable cause to detain, (2) detention, (3) whether detention was in reasonable
manner, and (4) rather detention was for a reasonable time. Barclay’s Department Store had a reasonable to cause to detain Kincaid because the store’s antishoplifting alarm sounded. Kincaid was detained because she was taken to a room at the back of the store and because she was not sure if she was free to leave. The manner in which Kincaid was detained was not reasonable because the security guard touched Kincaid’s physical person. The time that Kincaid was detained was not reasonable because the time was not used to investigate rather or not Kincaid was shoplifting.