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Koepnick v. Sears Roebuck & Co. | 762 P.2d 609 (1988)
Trespass to chattel can occur if someone is deprived of the use of his or her personal property for a substantial period of time. But is two minutes a substantial period of time? Koepnick versus Sears Roebuck and Company answers whether searching a suspected shoplifter’s car for two minutes is a trespass to chattel.
Max Koepnick was stopped in a mall parking lot by two Sears security guards, Steve Lessard and Dave Pollack, who suspected that Koepnick had shoplifted a wrench. Lessard and Pollack detained Koepnick for fifteen minutes until police arrived. The police discovered that Koepnick had a receipt for the wrench in his possession. The cashier who sold Koepnick the wrench also confirmed that there was a sales transaction. Based on a suspicion that a second wrench may have been stolen, Lessard and the police searched Koepnick’s truck. After a two-minute search, the police determined there was no stolen merchandise in Koepnick’s truck. The entire ordeal, from when Koepnick was first stopped to when the police left, lasted forty-five minutes.
Koepnick sued Sears for multiple claims, including false arrest and trespass to chattel. At trial, Koepnick was awarded one hundred dollars of compensatory damages and twenty-five thousand dollars of punitive damages for trespass to chattel. Sears filed for a motion for judgment notwithstanding the verdict. Koepnick appealed, and Sears cross-appealed to the Arizona Court of Appeals.
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