Danielson v. Hess

ZINTER, Justice.

[¶ 1.] Trent Danielson was prosecuted for theft from his employer’s auto repair business, but he was acquitted by a jury. He later commenced this action for malicious prosecution against his employer. The circuit court granted summary judgment in favor of the employer. The court ruled that Danielson did not establish legal causation between the employer’s report of theft and the criminal prosecution. The court also concluded that Danielson failed to establish the absence of probable cause to prosecute. On appeal, Danielson acknowledges that the decision to prosecute was made…