Home Depot customer claims he was falsely accused of shoplifting

Steve Gonzalez Oct. 22, 2007, 10:50am

A man who purchased a lawn tractor for $3,200 at the Edwardsville Home Depot filed a defamation suit against the nation's second largest retailer alleging he was accused of shoplifting even though he had receipts for the purchased items.

Milford Marshall, Jr., claims while Home Depot employees were loading his lawn tractor in his truck on April 29, he walked back into the store to make a second purchase for $19.12.

He claims that after paying for the items they were placed in plastic Home Depot bag. But then a store manager advised him that he was not free to leave and that he must come back into the store.

"The manager alleged that the plaintiff stole the items he purchased for $19.12," the complaint states.

Marshall alleges the Edwardsville Police were called to the scene to investigate the allegations he shoplifted and throughout the investigation he was able to produce the receipt for the items that were alleged to be stolen.

He claims that the false allegations of theft to the Edwardsville Police caused him to suffer mental anguish, emotional distress and a loss of earning.

Represented by Brian Polinske of Edwardsville, Marshall is seeking damages in excess of $50,000, plus costs of the suit.

07 L 897

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