Wright v. Mullen

SHANGLER, Judge.

The plaintiffs Wright and Constantine sued the defendants Mullen to recover for the malicious prosecution against them of a civil action. The trial court employed the principle of collateral estoppel to enter a partial summary judgment against the defendants on the issue of liability and to order a trial on the issue of damages only. A jury returned a verdict of $10,000 actual and $20,000 punitive damages for each plaintiff. The appeal contends that the summary judgment order that the malicious prosecution cause of action, save for damages, was concluded against the defendants…