Koski v. Vohs

In this case we are asked to decide whether the trial court correctly determined that the plaintiff had not proven the element of lack of probable cause in this malicious prosecution suit. As the Court of Appeals noted, ”[t]he basis for the trial court’s ruling was a finding that as a matter of law defendants had probable cause to initiate criminal prosecution against plaintiff.” We find that this determination was correctly made by the trial court as to all defendants, and we reverse that portion of the opinion of the Court of Appeals which had remanded the case for a jury determination of…