Carter v. Baker's Food Rite Store

CRAWFORD, Judge.

This is a malicious prosecution case. Plaintiff, Kimberly Carter, sued Baker’s Food Rite Store and its manager, James Carpenter, and at the conclusion of plaintiffs proof,1 the trial court directed a verdict for defendants. Plaintiff appeals and the only issue for review is whether the trial court erred in directing a verdict.

The complaint alleges that on October 19, 1985, plaintiff contacted her employer, Memphis Light, Gas & Water, and asked them to stop payment on her payroll check because it had been stolen. MLG & W did order a stop payment on this check. The complaint…