Griffin v. Georgia Power Company

Although the Supreme Court’s decision in Monroe v. Sigler, 256 Ga. 759 (353 SE2d 23) (1987), contains language which, stripped of its context, supports the majority’s holding in this case, I believe the majority’s decision extends the holding in Monroe v. Sigler well beyond its intended parameters.

As I read Monroe v. Sigler, it precludes a plaintiff from pursuing an action for malicious prosecution where, during the trial of the criminal case, the trial judge made a “binding” determination on motion for directed verdict that there was sufficient evidence of guilt to warrant sending the case…