Sancetta v. APOLLO STEREO MUSIC COMPANY, INC.

PIERCE, Judge.

Plaintiff appeals a directed verdict for defendant granted at the close of plaintiff’s case in a malicious prosecution action. We reverse.

In a malicious prosecution action, the burden is on plaintiff to prove (1) that defendants were parties to or assisted in a prior action against plaintiff; (2) that the prior action ended in favor of plaintiff; (3) that there was no probable cause for the prior action; (4) that defendants’ participation in the prior action was motivated by malice; and (5) that as a result of the prior action, plaintiff incurred damages. Montgomery Ward & Co.…