Logan v. Kuhn's Big K Corp.

OPINION

BROCK, Justice.

In this action for damages for malicious prosecution the trial judge at the conclusion of all the evidence directed a verdict for the defendants. The plaintiff appealed to the Court of Appeals which reversed the judgment of the trial court and remanded for a new trial. We granted discretionary review.

The pertinent facts in this case have been stated by the Court of Appeals:

“On December 20, 1980, Mr. Logan, age 25, entered the Big K store to Christmas shop, having that same day previously been to Circuit City and Service Merchandise without incident. He had with him two…