There are two primary issues raised on appeal and one primary issue raised on cross-appeal. The issues presented on appeal are: (1) whether the trial court erred in granting Sears Roebuck and Company's (Sears) motion for new trial on Max Koepnick's (Koepnick) false arrest claim; and (2) whether the trial court erred in granting Sears' motion for judgment notwithstanding the verdict (judgment n.o.v.) on Koepnick's trespass to chattel claim. The issue raised on cross-appeal is whether the trial court erred in denying Sears' motion for judgment n.o.v. on Koepnick's false arrest claim.
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