Kinton v. Mobile Home Industries, Inc.

Ness, Justice:

Respondent Kinton was awarded $93,450 actual and $118,350 punitive damages in a malicious prosecution action against the appellants, Mobile Home Industries, Inc., who asserts the trial court erred in denying its motions for involuntary nonsuit, directed verdict and judgment N.O.V. We agree and reverse.

The provocation for this malicious prosecution action was the swearing out of two warrants, subsequently dismissed, against Kinton by an agent of Mobile Home. A recitation of the facts giving rise to those warrants follows.

Through the summer of 1973, Kinton was employed by…