Kroger Texas Ltd. Partnership v. Suberu
Theresa Suberu sued Kroger Texas Limited Partnership and assistant store manager Robert Moody for malicious prosecution and intentional infliction of emotional distress after being falsely accused of shoplifting and acquitted. A jury found in Suberu's favor and awarded actual and exemplary damages. Kroger appealed, challenging the legal and factual sufficiency of the evidence, evidentiary rulings, and jury charge errors. The appellate court resolved all issues against Kroger, affirming the trial court's judgment. The court found sufficient evidence to support the jury's findings on malicious prosecution, mental anguish damages, and malice for punitive damages, and rejected Kroger's complaints regarding evidentiary exclusions and jury charge instructions.