Whitner v. Duke Power Company

Ness, Justice:

This is a malicious prosecution action. Appellant, Whitner, alleges respondent, Duke Power, maliciously prosecuted him on a charge of simple possession of marijuana, and asserts the trial court erred in granting summary judgment to Duke. We disagree and affirm.

Appellant was arrested for simple possession by company security officers while employed by Duke Power. Security officers observed him in the passenger seat of John Brunfield’s car (a co-worker) and found marijuana in the glove compartment, on the floor board, and in Brunfield’s hand.

Brunfield and another Duke employee,…