Mayes v. Watt

CULLEN, Commissioner.

Helen Mayes and her husband, Robert, appeal from a judgment awarding Robert M. Watt, Jr., $50,000 damages for malicious prosecution.

Various grounds of error are asserted but we find it necessary to consider only the ground that the defense of advice of counsel was established as a matter of law and the trial court therefore erred in overruling the appellants’ motions for a directed verdict and for judgment n. o. v.

The claim of malicious prosecution arose out of the appellants’ having caused to be issued a warrant charging the appellee with a violation of KRS 435.240(3),…