Kroger Co. v. Briggs

While I agree that we must affirm in this case, I would do so for a reason different than that relied upon by the majority and I therefore concur specially as to Division 1. And, while the majority has adopted part, but not all, of the analysis in this special concurrence, I write to address the merit of extending the rule providing for a defense in false arrest, malicious prosecution, and false imprisonment cases — where an official makes an independent decision to arrest or prosecute — to negligence cases. Nevertheless, because jury questions exist here as to the applicability of this…