Baum v. S. S. Kresge Co.

PIERCE, Judge.

Plaintiffs, Mary and James Baum, brought this action for slander, false arrest, and malicious prosecution. The jury in the first trial found all issues in favor of defendants. Plaintiffs, however, were granted a new trial based upon errors in certain jury instructions. A second trial was held and a verdict rendered in favor of the Baums against all defendants for false arrest and malicious prosecution. Defendants contend that the trial court erred in granting plaintiffs’ motion for new trial. We agree and therefore reverse and remand.

This court is not restricted to reviewing the…