Bonkowski v. Arlan's Department Store

Rule of Law:

A merchant has a privilege to detain a person for a reasonable investigation if there is a reasonable belief that the person has unlawfully taken goods, and this privilege extends to the immediate vicinity of the store's premises. For a slander claim, publication to a third party who knows the defamatory statement is false does not constitute sufficient publication because it does not damage the plaintiff's reputation.

Facts:

• Marion Bonkowski and her husband made several purchases at Arlan's Department Store on the evening of December 18, 1962.
• After leaving the store, they were walking to their car in the adjacent parking lot, about 30 feet away.
• Earl Reinhardt, a uniformed private policeman working for Arlan's, called out for Mrs. Bonkowski to stop and return toward the store.
• Reinhardt stated that someone reported seeing Bonkowski put three pieces of costume jewelry in her purse without paying for them.
• Bonkowski denied the allegation and, at Reinhardt's request, emptied her purse's contents onto a cement step.
• She then produced sales slips for the items she had purchased, which her husband had paid for.
• Satisfied that no theft had occurred, Reinhardt returned to the store.
• Bonkowski's husband was present during the entire encounter and knew his wife had not stolen the items.

Procedural Posture:

• Marion Bonkowski sued Arlan's Department Store and its agent, Earl Reinhardt, in the trial court for false arrest and slander.
• The case was tried before a jury.
• The jury returned a verdict in favor of Bonkowski, awarding her $43,750 in damages.
• The trial court denied Arlan's Department Store's post-trial motions for judgment notwithstanding the verdict, remittitur, and a new trial.
• Arlan's Department Store (defendant-appellant) appealed the judgment to the Michigan Court of Appeals (an intermediate appellate court).