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Great Atlantic & Pacific Tea Co. v. Paul, 256 Md. 643, 261 A.2d 731

Facts

John Joseph Paul, a retired police officer, went shopping at an A & P store shortly after recovering from a heart attack. While shopping, he was accused by an employee, John Parker, of shoplifting a can of flea and tick spray. Parker confronted Paul loudly in front of other customers, leading to a public accusation of theft and a rough frisking. No stolen items were found on Paul, and the incident caused him significant emotional distress and humiliation.

Still in a convalescent stage Mr. Paul, in civilian garb, went shopping at his local A & P store in Hillcrest Heights, Maryland, on December 20, 1967.

Issue

Did the court err in its rulings regarding the publication requirement for slander and the legal justification for false imprisonment?

Appellant's sole ground for reversal on the decision of slander is that the element of publication was not satisfied.

Rule

In slander cases, publication is satisfied when the defamatory words are heard by a third person who can recognize the individual being defamed. Probable cause is not a defense to false imprisonment when the detention is unlawful.

‘Publication’ in the law of defamation is the communication of defamatory matter to a third person or persons.

Analysis

The court found that Parker's loud accusations and actions in front of other customers constituted sufficient publication of the slanderous remarks, as the surrounding shoppers could clearly identify Paul as the individual being accused. Furthermore, the court ruled that the lack of probable cause for the detention meant that A & P could not claim legal justification for the false imprisonment.

We think it is disingenuous of A & P to claim that no publication took place under these circumstances.

Conclusion

The court affirmed the judgment in favor of Paul, concluding that the actions of A & P's employee were unlawful and that the jury's findings supported the claims of slander and false imprisonment.

Finding no error committed by the trial judge on either of the grounds urged by the appellant, we will affirm the judgment entered.

Who won?

John Joseph Paul prevailed in the case due to the jury's acceptance of his version of events, which demonstrated that the accusations made against him were both defamatory and unfounded.

The jury by its verdict chose to believe Paul's version of the occurrence, and appellant realizes this aspect of the case is final.

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