Robinson v. Hill City Oil Co.
| Docket Number: | 2007-CA-00320-COA Linked Case(s): 2007-CA-00320-SCT ; 2007-CA-00320-COA ; 2007-CT-00320-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Malicious prosecution - False imprisonment - Intentional infliction of emotional distress - Defamation - Negligence - Gross negligence - Vicarious liability Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS - OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 12-29-2006 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF DEFENDANTS Case Number: 2004-70 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ALVIN ROBINSON |
JOHN R. REEVES |
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| Appellee: | HILL CITY OIL COMPANY, INC. D/B/A JUBILEE CHEVRON AND MAHALIE NELSON | WILLIAM W. MCKINLEY, JR., EDWARD J. CURRIE, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Malicious prosecution - False imprisonment - Intentional infliction of emotional distress - Defamation - Negligence - Gross negligence - Vicarious liability |
| Summary of the Facts: | Alvin Robinson was arrested for allegedly taking a wallet and wedding ring from the counter of the Hill City Oil Company, Inc. d/b/a/ Jubilee Chevron. The wallet and ring belonged to Denise Bell, a customer, who had inadvertently left the items on the counter. Robinson was detained for 110 days in the Madison County Jail and subsequently indicted by a Madison County grand jury for grand larceny for stealing the wallet and ring belonging to Bell. The indictment against Robinson was eventually nolle prossed. Robinson filed a civil suit against the Jubilee Chevron and employee Mahalie Nelson for malicious prosecution, false imprisonment, intentional infliction of emotional distress, defamation, negligence, and gross negligence. The trial court denied Robinson’s motion for partial summary judgment as to liability and granted Jubilee Chevron and Nelson’s motion for summary judgment. Robinson appeals. |
| Summary of Opinion Analysis: | Robinson argues that the trial court erred in granting Jubilee Chevron and Nelson’s motion for summary judgment. Robinson’s complaint raised claims of malicious prosecution, false imprisonment, intentional infliction of emotional distress, negligence, and gross negligence. Robinson argues that as a result of Nelson’s insistence when identifying him as the culprit, he was wrongfully accused and confined to jail for 110 days. It is true that Robinson did serve 110 days in jail due to the initiation of criminal proceedings, and he was not able to return to his job as a construction worker when the charges against him were dismissed. However, Robinson failed to make a prima facie case of malicious prosecution because the proof was deficient as to some of the essential elements. While Robinson’s proof is deficient in several ways, the primary deficiency is that neither Nelson nor Jubilee Chevron initiated the proceedings against Robinson. Bell, the individual to whom the wallet belonged, filed a complaint naming Robinson as the person who stole her wallet, which initiated the criminal proceedings against Robinson. There is nothing in the record to suggest that Nelson gave false information regarding Robinson or his actions, or intended to influence his arrest. In addition, Robinson’s claim of malicious prosecution would still fail for failure to establish malice. There is no evidence in the record to support Robinson’s claim that Nelson’s motivation in notifying the police was for any other purpose than justice. Nelson did not know Robinson on either a personal or professional level, nor did she have any type of interaction with Robinson prior to or subsequent to his coming into the store. Robinson argues that he was falsely imprisoned on two separate occasions, July 18, 2001, and July 26, 2002, through November 12, 2002. Robinson filed his suit on November 7, 2003. A claim of false imprisonment is subject to a one-year statute of limitations. Therefore, Robinson’s claim of false imprisonment on the first occasion is time-barred. Robinson’s second period of detention was the result of a lawful judicial proceeding. This proceeding was neither initiated, directly or indirectly, by Nelson or Jubilee Chevron; therefore, summary judgment was proper. Robinson’s claim of intentional infliction of emotional distress is without merit. The trial court found insufficient evidence to indicate that the alleged instigation of the criminal proceedings by the defendants or defendants’ conduct was the proximate cause of Robinson’s alleged emotional distress. In his negligence and gross negligence claims, Robinson argues that Nelson and Jubilee Chevron had the duty to follow the investigation of the allegations against him and to report any uncertainties which Nelson might have had regarding his identification. The negligence claims are inextricable interwoven with the malicious prosecution and false imprisonment claims. Since those claims are without merit, the negligence claims are also without merit. Robinson argues that Jubilee Chevron was vicariously liable for any tort committed by Nelson while acting within the scope of her employment with Jubilee Chevron. Since the claims against the employee, Nelson, are without merit, the claims against the employer, Jubilee Chevron, are also without merit. |
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