M Civ JI 115.30 Partial Privilege of Merchant as to Exemplary Damages and Damages for Mental Anguish - False Arrest, False Imprisonment, Assault, Battery, Libel, Slander

If you find that [ defendant / defendant’s agent / defendant’s employee ] believed and had probable cause to believe that plaintiff [ had taken / had aided or abetted in the taking of ] goods for sale in the store, you may not award the plaintiff exemplary damages or damages for mental anguish unless you find that [ defendant / defendant’s agent / defendant’s employee ]:

(a) used unreasonable force, or

(b) detained plaintiff an unreasonable length of time, or

(c) acted with an unreasonable disregard of plaintiff’s rights or sensibilities, or

(d) acted with intent to injure plaintiff.

Note on Use

This instruction should not be used in cases involving partial privilege of a merchant where a demand for retraction is an issue. See MCL 600.2911(2)(b).

Comment

See MCL 600.2917; Bonkowski v Arlan’s Department Store, 383 Mich 90; 174 NW2d 765 (1970).

History

M Civ JI 115.30 was added September 1982.