Brown v. Dillard’s

Full title: Gethsemane BROWN, Appellant, v. DILLARD’S, INC., Appellee

Court: Court of Appeals of Texas, Eleventh District, Eastland. Eastland

Date published: May 7, 2009

Facts

Emmitt and his sons were going to a track meet. They stopped at Music City Mall to exchange cars with his wife, who worked at Dillard’s. Emmitt’s oldest son, Jamel, stayed in the car while Emmitt and his other sons went inside Dillard’s. Emmitt’s trunk was open, and Jamel sat on the bumper. Emmitt got his wife’s keys and drove her car to the spot where he had parked his. He opened her trunk, and Jamel unloaded a duffle bag and a blanket from the car and put them into Emmitt’s wife’s trunk. Jamel and Emmitt also moved two of Dillard’s bags from inside her car to her trunk.

Several of Dillard’s managers were returning from lunch at this same time. They saw a young man standing next to a car with the trunk open, saw another car quickly pull up, and then saw several bags — including Dillard’s bags—being pulled out of the first vehicle and placed into the second. Dillard’s had suffered several recent “grab-and-runs,” and the managers were concerned that a theft was in progress. They called Dillard’s and spoke with Kyle Brown, an off-duty Odessa Police Department Officer who was working part-time for Dillard’s as a security officer. Kyle contacted Henry Jackson, who was also an off-duty Odessa police officer and who was working part-time as a mall security officer, and requested assistance. Kyle then came outside, got into the vehicle with the managers, and followed the suspicious vehicle.

Issue

Decision

The judgment of the trial court is affirmed.

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