Cuthrell v. Zayre of Virginia, Inc.

Counsel agreed that the issue presented on this appeal is whether a conviction of disorderly conduct barred plaintiff’s right to an action for malicious prosecution based upon her acquittal of a charge of petit larceny for which she was arrested a few minutes before her arrest on the disorderly conduct charge.

Plaintiff, Ruth Cuthrell, was shopping at a Virginia Beach store owned by the defendant Zayre of Virginia, Inc. After plaintiff passed through the check-out counter, she was stopped by Teresa K. Custer, a special police officer employed by Zayre, and was told that she was under arrest…