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DELEON v. KMART CORP.

2970938.

735 So.2d 1214 (1998)

Tony DeLEON and Willie Joyce DeLeon v. KMART CORPORATION.

Court of Civil Appeals of Alabama.

Rehearing Denied November 13, 1998.

Certiorari Quashed May 14, 1999.

Attorney(s) appearing for the Case

Henry L. Penick of Penick & Associates, P.C., Birmingham, for appellants.

H.C. Ireland III and Neal D. Moore III of Porterfield, Harper & Mills, P.A., Birmingham, for appellee.

Alabama Supreme Court 1980398.

CRAWLEY, Judge.

Tony DeLeon and his wife, Willie Joyce DeLeon, sued Kmart Corporation, alleging assault and battery, false imprisonment, and intentional infliction of emotional distress (the tort of outrage). The trial court entered a judgment as a matter of law for Kmart on the outrage claim and submitted the remaining claims to the jury. The jury returned a verdict for Kmart, and...

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