Mersman v. O'Neil

DIXON, Judge.

Plaintiff recovered a jury verdict for $15,000 in damages in a malicious prosecution action against the defendants, Howard O’Neil, and Cox Standard Service, Inc. The award was for $5,000 actual damages and an additional $5,000 in punitive damages against each defendant. Defendants appeal, contending plaintiff did not make a submissible case against defendants on the issue of defendants having caused the plaintiffs arrest and prosecution. Defendants also complain the bracketed portion of the phrase, “occurrence [of the judicial proceedings] mentioned in evidence,” constituted an…