Terry v. Zions Cooperative Mercantile Institution

ON REHEARING

CROCKETT, Chief Justice:

Our previous decision in this case 1 rejected defendant’s attack upon the judgment in favor of the plaintiff for $6,500 general damages for false arrest and malicious prosecution and $15,000 punitive damages, which latter item the trial court had ordered reduced to $2,000 as a condition to denying defendant’s motion for a new trial, which condition was accepted by the plaintiff. However, the majority opinion went further and ordered that the $2,000 award for punitive damages be restored to the $15,000 which had been awarded by the jury.

On petition for…