Malicious Prosecution Judgment Reversed

In this malicious prosecution case, the Court of Appeals reversed the jury’s award of actual and punitive damages because the evidence introduced at trial was legally insufficient to support the jury’s verdict.  Among other things, the Court found that the defendant did not “initiate the prosecution” by bringing a formal charge to initiate the prosecution.  Instead, the defendant simply provided a “Voluntary Statement” that the law enforcement officer used to formally charge the plaintiff.  Thus, the Court found that the plaintiff could not establish the legal requirement that the defendant “initiated or procured” the underlying criminal prosecution.

Lermon v. Minyard Food Stores, Inc.