Priddy v. Cook's United Department Store

GRAHAM, Judge.

The complaint and plaintiff’s affidavit affirmatively show that the claims for assault and false imprisonment arose more than one year before the suit was instituted. These claims are therefore barred by the one-year statute of limitation applicable to both claims. G.S. 1-54(3).

The only question presented on appeal is whether the trial judge correctly concluded that no genuine issue of fact exists as to plaintiff’s claim for malicious prosecution. We hold that he did and affirm his order granting defendants’ motion for summary judgment.

Want of probable cause is an essential…