Washington v. Sears, Roebuck & Co.

CRIST, Judge.

Civil suit seeking damages for malicious prosecution (Count I) and negligent maintenance of business property (Count II). The trial court directed a verdict for defendant on Count II at the close of all the evidence. The jury returned a verdict for plaintiff on *138Count I in the amount of $1,500. Plaintiff appeals. We reverse as to Count I and affirm as to Count II.

Plaintiff first complains the trial court erred by embellishing pattern instruction MAI 2.01. The cautionary instruction, as embellished, is set out in full in an appendix to this opinion.

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