Buller v. Respicare, Inc.

Appellee, Mahlon A. Buller III, terminated his employment with Respicare in February 1983. Cheryl Morton, a former employee of Respicare, while attending a meeting with Buller, discovered that he was still in possession of Respicare equipment. She notified Respicare, which, in turn, notified the police. The police obtained a search warrant and recovered all of Respicare’s equipment from Buller. Theft charges were filed and eventually dismissed. Appellee then brought a civil action against Respi-care, Inc. et al. and appellants, Thomas L. Simpson and Mark Evanson, for malicious prosecution,…