Mullins Ex Rel. Mullins v. Brody's Store Manager , 116 N.C. App. 676 ( 1994 )

Judge Johnson

concurring in part and dissenting in part.

I concur in all respects except in regards to. defendant Friend’s punitive damages. As to this, I respectfully dissent.

To justify an award of punitive damages for false imprisonment, an additional element of aggravating or outrageous conduct must exist. Blackwood v. Cates, 297 N.C. 163, 254 S.E.2d 7 (1979); Rogers v. T.J.X. Companies, 329 N.C. 226, 404 S.E.2d 664 (1991). “Evidence of insult, indignity, malice, oppression or bad motive” constitutes outrageous behavior. Id. at 230, 404 S.E.2d at 666.

Requiring plaintiff to drop her pants down to her ankles and lift her shirt up was more than enough evidence of insult, indignity and oppression constituting aggravating or outrageous conduct. The evidence presented shows that plaintiff was unjustly detained and subjected to outrageous conduct without benefit of probable cause. Under the facts and circumstances of this case the conduct was outrageous and exceeded the bounds of common decency.

Thus, I respectfully dissent and would affirm the trial court’s award for punitive damages.