HARRIET LEE MORROW, Appellant v. KINGS DEPARTMENT STORES, INC., and BURNS INTERNATIONAL SECURITY SERVICES, INC., Appellees, 57 N.C. App. 13

Summary

The customer purchased clothing at the store. Upon attempting to exit, she was stopped by the corporation's security guard. The guard, in the presence of on-lookers, inspected the customer's bag and removed a shirt. The court held that Rule 12(b)(6) permitted dismissal of only some of the claims. The conversion claim did not allow damages for mental anguish absent evidence of aggravating circumstances. Such damages were unavailable under the customer's other theories: the allegation the guard removed a shirt from the bag did not show the contact or apprehension thereof required for battery or assault. The allegation that the guard took the shirt did not alone allege theft by the guard as to constitute slander by action. The customer did not allege the intent of the guard or his knowledge of the result required for intentional infliction of emotional distress. No claim for invasion of privacy existed because the complaint did not allege the shirt was taken without consent. Punitive ...