Clay v. Pay Less Drug Stores Northwest, Inc.

Plaintiffs brought two separate actions, which were consolidated for trial, for false arrest and malicious prosecution. The jury returned verdicts against the plaintiffs, and the plaintiffs appeal.

Plaintiffs contend the trial court instructed the jury that malice was a necessary element of false imprisonment and that was error. Assuming plaintiffs are correct in those contentions, we conclude that the error, if any, was invited error and, therefore, not grounds for reversal.

Whether plaintiffs invited error is dependent upon what we properly can consider as part of the record.

When plaintiffs…