Lawson v. Kroger Co.

I respectfully dissent from the opinion of the majority.

The majority reverses the district court, basically holding there is no cause of action for negligent malicious prosecution under Tennessee law. I think there is sufficient evidence here for the matter to have been sent to the jury, and to conclude that the evidence was sufficient for a jury to find for the Plaintiff in this cause of action for malicious prosecution under Tennessee law. At trial, Plaintiff argued that Kroger’s failure to properly investigate the identity of the offender proved that Kroger did not have probable cause to…