Hudson v. Lanier

The primary issue in this appeal is whether the trial court erred in ruling that a plaintiff in a malicious prosecution action failed to prove the element of malice.

We state the evidence in the light most favorable to Frances D. Lanier and Christopher M. Lanier, the prevailing parties in the trial court. Horton v. Horton, 254 Va. 111, 115, 487 S.E.2d 200, 203 (1997); Tuomola v. Regent Univ., 252 Va. 368, 375, 477 S.E.2d 501, 505 (1996). On September 3, 1989, Allyson Hudson, the daughter of David S. Hudson, was severely injured when a tree fell on her while she was playing at the Surry County…