Ricks v. American Parts System, Inc.
Decision Date | 19 February 1985 |
Docket Number | No. 69351,69351 |
Citation | 173 Ga.App. 642,327 S.E.2d 518 |
Parties | RICKS v. AMERICAN PARTS SYSTEM, INC. |
Court | Georgia Court of Appeals |
Paul J. Stalcup, Atlanta, for appellant.
William L. Spearman, Atlanta, for appellee.
Edgar Ricks brought suit against American Parts System, Inc. alleging he had been maliciously prosecuted, illegally arrested and falsely imprisoned at the instigation of American Parts System. The jury returned a verdict in favor of Ricks. The trial court granted American Parts System's motion for judgment n.o.v. and Ricks appeals.
Appellant contends the trial court erred by granting appellee's motion for judgment n.o.v. because there was evidence presented at trial which supported the jury's verdict in his favor. In an action to recover damages for an alleged malicious criminal prosecution, the plaintiff carries the burden of proving that such prosecution was maliciously carried on and also that it was carried on without any probable cause. See Hill v. Trend Carpet, 154 Ga.App. 446, 268 S.E.2d 682 (1980); Sizemore Security Intl. v. Lee, 161 Ga.App. 332, 333(1), 287 S.E.2d 782 (1982). " Melton v. LaCalamito, 158 Ga.App. 820, 822, 282 S.E.2d 393 (1981).
The evidence shows that appellee's agent requested the presence of a law enforcement officer when appellant was scheduled to be terminated from his employment with appellee because of the agent's fear that appellant, who was known to carry a gun, would become violent. Officer B.B. Harrison of the Atlanta Police Department arrived and was told by the agent that appellant carried a gun, was violent, and had threatened others at appellee's place of business. When appellant arrived, Officer Harrison arrested...
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Franklin v. Piggly Wiggly Food Southern, Inc.
...175, 178, 243 S.E.2d 528 (1978); Baggett v. Nat. Bank etc., Co., 174 Ga.App. 346, 330 S.E.2d 108 (1985). Ricks v. American Parts System, 173 Ga.App. 642, 643, 327 S.E.2d 518 (1985). A claim against appellees for false imprisonment can be fairly drawn from appellant's complaint alleging that......
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