Murphy v. Wal-Mart Inc
2:24-cv-00037
N.D. Ala.Aug 21, 2025Background
- Plaintiff Artis W. Murphy sued Walmart, Inc. alleging wrongful conversion and emotional distress related to a 43-inch Hisense television purchased in-store in November 2023.
- Murphy purchased multiple televisions from Walmart around the same time; some orders were completed, others were cancelled and refunded.
- On November 18, 2023, Rononda Jones attempted to return a 43-inch Hisense TV to a Walmart in Hoover, AL; Walmart refused the return and took possession of the television, claiming a refund had already been issued.
- Murphy confronted Walmart employees at the store, after which the police were called; Murphy claims emotional distress and sought $1M in punitive damages for the alleged wrongdoing.
- Walmart moved for summary judgment, arguing there were no genuine disputes of material fact; the court considered depositions, evidentiary materials, and supplemental briefing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conversion of property | Walmart wrongfully took TV that Murphy lawfully purchased. | TV returned by Jones did not match any TV Murphy purchased; no ownership. | For Defendant |
| Outrage / Emotional distress | Walmart's actions caused mental anguish and emotional distress deserving of punitive damages. | Conduct did not rise to level of tort of outrage under Alabama law. | For Defendant |
| Negligence / Wantonness | Walmart's actions amounted to negligence or wanton disregard. | Claims not adequately pleaded; no evidence to support these claims. | For Defendant |
| Threat of Arrest/Imprisonment | Verbal threats and police involvement amounted to actionable threat and further distress. | Employees called police for assistance; no actionable threat from Walmart. | For Defendant |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (establishes summary judgment standard: no genuine dispute of material fact required for judgment as a matter of law)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (clarifies what constitutes a 'genuine' dispute of material fact at summary judgment)
- Rice v. Birmingham Coal & Coke Co., 608 So. 2d 713 (Ala. 1992) (explains elements required for wrongful conversion under Alabama law)
- Wilson v. University of Ala. Health Servs. Found., P.C., 266 So. 3d 674 (Ala. 2017) (sets out elements for the tort of outrage in Alabama)
- American Road Serv. Co. v. Inmon, 394 So. 2d 361 (Ala. 1980) (tort of outrage standard in Alabama—does not include mere insults or trivialities)