Great Atlantic & Pacific Tea Company, Inc. v. Burgess

Shulman, Presiding Judge.

Plaintiff brought suit against defendant for malicious prosecution of a shoplifting charge and was awarded judgment in the amount of $20,000. We affirm.

1. Defendant contends that the trial court erred in submitting the issue of probable cause to the jury. Arguing that the material facts on the issue of probable cause were not in dispute, defendant maintains that a determination of the existence or nonexistence of probable cause was a matter for the court. See in this regard Ayala v. Sherrer, 135 Ga. App. 431 (218 SE2d 84).

Contrary to defendant’s contentions, the…