The $67,700.00 Soda Water Case (Tried by John Simpson)

On a hot August afternoon, Mrs. Ramirez and her two daughters (17 and 13 years old) entered a Rice Food Markets grocery store located in Houston, Texas. They lived approximately three blocks away and had shopped there for several years. After they entered the store, Mrs. Ramirez obtained a cold soda water (a 79¢ Mr. Pibb) from a refrigerated cooler with a sliding glass door at the front of the store. There were no signs or warnings advising customers to not drink soda waters while in the store.

Mrs. Ramirez drank the Mr. Pibb as they walked through the store placing potato chips, popcorn and other snacks into their shopping cart. No one advised her to not drink in the store. As she approached the register, she placed the near empty bottle in the front of their cart. While waiting to check out, Rice Food Markets' security guard, without identifying herself, grabbed Mrs. Ramirez by the arm and took her to the back of the store. The security guard refused to inform her why she was being detained despite several requests. Her daughters remained with the shopping cart and soda water bottle.

As they reached the back of the store, Mrs. Ramirez was handcuffed and asked where was the bottle. She informed the security officer that her daughters had the bottle and were paying for it along with the other items. The security guard stated that she did not believe Mrs. Ramirez and handcuffed her to a chair and left and the room. A few minutes later, the security guard returned again asking where was the soda water. Mrs. Ramirez again stated that it was with her daughters in the cart.

After Mrs. Ramirez was taken away, her daughters paid for all items in their cart, including the soda water, and received a receipt. After paying, the girls where forced to leave the store and not allowed to use a phone to contact their father.

After approximately 30 minutes, four HPD officers arrived and took Mrs. Ramirez into custody. She was taken to the front of the store in handcuffs and photographed by Rice Food Markets' manager in front of her neighbors as they entered the store. Rice Food Markets' personnel never looked at the receipt to confirm the purchase, never questioned Mrs. Ramirez's daughters and never showed a receipt to the police. She posted a $600.00 bond the next morning.

No one from Rice Food Market appeared at the criminal trial despite two subpoena issued for their employees. All criminal charges were dismissed.

At the civil trial, Rice Food Markets claimed that Mrs. Ramirez consumed the beverage without paying for it and that she signed a statement admitting to shoplifting. However, this statement was not presented to HPD and was disclosed 2 years after the incident. Mrs. Ramirez denied signing the document and her attorney (John Simpson) used the security guard's tax records and employee file to show that the handwriting on the alleged confession was that of the security guard and manager of the store. Prior to this incident Mrs. Ramirez had never been arrested.

The jury found that Defendant falsely imprisoned maliciously prosecuted Mrs. Ramirez and awarded $67,7000.00, including punitive damages. With interest and costs of court the judgment exceeded $95,000.00. Several jurors stated that it was obvious that the store's conduct was outrageous and that it fabricated the alleged confession to cover up its unlawful conduct.

Prior to trial, Rice Food Markets stated that it would not settle for any amount. This case shows the extent to which large corporations will go to cover up their wrongful actions and attempt to limit their responsibilities conduct.

DISCLAIMER
This information has been prepared only for general purposes and is not
legal advice. Presentation of this information is not intended to create an
attorney client relationship. Do not act upon this information without
seeking professional counsel.