K-Mart Corp. v. Coker

We granted a writ of certiorari to the Court of Appeals in Coker v. K-Mart, 197 Ga. App. 701 (399 SE2d 249) (1990), and asked the parties to address “whether the damages were excessive under the facts and the applicable law.” The appellee, Mrs. Coker, was the plaintiff below in a civil action for malicious prosecution. OCGA § 51-7-40 et seq. The jury returned a verdict in her favor and against K-Mart, but the trial court granted K-Mart a judgment notwithstanding the verdict. The Court of Appeals reversed, and this Court reversed again.

This is not a criminal case. This is a civil case. In a…