Cruz

Summary

Where a jury hearing a store patron’s claims for battery, false imprisonment and malicious prosecution found for the patron on the battery claim, but hung on the others, it was proper thereafter to try only the false imprisonment and malicious prosecution claims to a second jury, with appropriate admonitions about the prior battery verdict. A corporation is not deemed to ratify misconduct, and thus become liable for punitive damages, unless its officer, director, or managing agent actually knew about the misconduct and its malicious character. A “managing agent” is an employee with authority to establish corporate policy, that is, the broad principles and rules of general application which govern corporate conduct.

Facts and Proceedings

Respondent Victor Cruz sued appellant HomeBase, its security guard appellant Jose Meraz, and Meraz’s supervisor, appellant John Kinsel, for battery, false imprisonment, and malicious prosecution. Cruz sought punitive as well as compensatory damages.

The case was tried to a jury. Cruz offered evidence that HomeBase’s Meraz accused Cruz of stealing a sheet of plywood, though Cruz had a receipt and offered to display it. Meraz and…