Stroud v. Denny's Restaurant, Inc.

This is an action by plaintiff for malicious prosecution. A jury returned a verdict for plaintiff for general and punitive damages, and defendant appeals. The only issue is whether the trial court erred in refusing to withdraw punitive damages from the jury’s consideration.

Plaintiff, his wife, and two friends went to defendant’s restaurant to have an early morning breakfast. Plaintiff ordered sausage, eggs, hash browns and toast. The menu indicated the toast contained melted butter. When plaintiff’s breakfast arrived the toast did not have melted butter on it; instead a frozen or refrigerated…