Marcum v. Sagehorn

GAERTNER, Judge.

In this case seeking damages for alleged false arrest and malicious prosecution, we are called upon to determine the propriety of the granting of Motions for Directed Verdicts at the conclusion of plaintiff’s opening statement.

The opening statement of plaintiff’s attorney can be summarized as follows:

On December 23, 1975, defendant Frank Sagehorn operated a gasoline service station under a lease from defendant Sinclair Oil Company. On that date one of Sage-horn’s employees cashed a $30 check which was signed by “Virgil Marcum.” It was presented by Virgil Pryse Marcum, the son…