Ruff v. Eckerds Drugs, Inc.

Ness, Justice:

Thomas Ruff was awarded One Thousand ($1,000.00) Dollars actual and punitive damages in his suit against Eckerds Drugs for malicious prosecution. Eckerds appeals urging the lower court erred in refusing its motion for a non-suit and directed verdict. We agree.

Viewing the evidence most favorably to the respondent, he and three companions were shopping in an Eckerds Drug Store when they were approached by the manager who suspected them of shoplifting. The respondent assaulted the manager 1 and he followed the respondent outside and ac cused him of shoplifting. They verbally…