Boquist v. Montgomery Ward & Co., Inc.

WASSERSTROM, Judge.

This malicious prosecution action arises from defendant’s having instigated prosecution of plaintiff for the alleged shoplifting of a $24.97 car coat. Defendant appeals from a jury verdict in favor of plaintiff for both compensatory and punitive damages.

On the brisk fall morning of December 12, 1970, plaintiff (then 57 years of age) and his friend Sue Jones were Christmas shopping. They were particularly interested in finding a pair of women’s white galoshes to be sent to plaintiff’s cousin. This interest led them to the Factory Outlet Shoe Store at 39th and Main in Kansas…