Roberts v. Federal Express Corp.

OPINION

DROWOTA, Justice.

This malicious prosecution action involves the question of whether Defendant had probable cause to institute criminal proceedings against Plaintiff. The trial court granted Defendant’s motion for summary judgment, finding, on the undisputed facts, that Defendant had probable cause for instituting prosecution. In so holding, the trial court recognized that, under existing precedent, the ultimate determination of probable cause is a question of law for the court. We conclude that the existence of probable cause is a question (1) unrelated to a prosecutor’s subjective…