HM&B Secures a Complete Defense Verdict for a Big Box Retailer After 2-Week Trial

Plaintiff Michael McCalla alleges that he was battered and falsely imprisoned by Asset Protection personnel when he was stopped and questioned of suspected retail fraud in 2014. He claimed that the incident caused him to be fired from his job and unable to work due to PTSD and other psychological injuries caused by the incident. Plaintiff sought almost $5 million dollars in damages, which included over $2.5 million dollars in past and future loss of earnings. After 2 weeks of trial, the jury agreed that Wal-Mart’s Asset Protection personnel did not batter Plaintiff and that Wal-Mart had probable cause to believe that Plaintiff had committed or attempted to commit retail theft and, therefore, Wal-Mart was entitled to the Shopkeeper’s Privilege pursuant to Florida Statute Section 812.015(3). Jerry D. Hamilton, Stephanie H. Vo, and Derrick M. Kelly were the trial lawyers from the HM&B trial team who secured a complete defense verdict for Wal-Mart.