Hogan v. Robert H. Irwin Motors, Inc.

The defendant in this malicious prosecution case appeals: (1) the trial court’s refusal to grant its motion for a directed verdict based on its argument that it had established that it had probable cause to bring a complaint against the plaintiff because it had relied on the advice of counsel; (2) the trial court’s refusal to give certain jury instructions; and (3) the jury’s damage award of $25,000. We affirm.

In September 1977, the plaintiff, C. Edgar Hogan, had his car towed to the garage of the defendant, Robert H. Irwin Motors, Inc., because it had developed a leak. The defendant…