Trussell v. General Motors Corp.

For the reasons which follow, we affirm the judgment of the court of appeals and remand the cause for a new trial.

I

The primary issue before us is this: must the plaintiff show an arrest or seizure in order to maintain an action for malicious prosecution founded on a prior criminal proceeding? In order to resolve this issue, we must revisit and clarify our prior pronouncements in this area.

Ohio law, like the English common law before it, has long recognized a right to recover in tort for the misuse of civil and criminal actions as a means of causing harm. See Pope v. Pollock (1889), 46 Ohio…