Herbst v. Wuennenberg

Carol Wuennenberg appeals from a judgment entered by the trial court on a jury’s special verdict finding that she falsely imprisoned Jason A. Herbst, Ronald B. Nadel, and Robert A. Ritholz (“plaintiffs”). Because there is no credible evidence to sustain a finding of false imprisonment, we reverse the judgment and order the cause remanded so that plain tiffs’ complaint can be dismissed and judgment entered in favor of Wuennenberg.

I

In April 1975, plaintiffs initiated a civil action charging Wuennenberg with false imprisonment, malicious prosecution, and abuse of process. Plaintiffs’ cause of…