Kerney v. Aetna Casualty & Surety Co.

OPINION

LEWIS, Judge.

Plaintiff brought this suit for malicious prosecution against defendants Bobby Lewis (Lewis) and Aetna Casualty and Surety Company (Aetna) following her acquittal by a Putnam County jury on criminal charges of conspiracy under T.C.A. § 39-1106 1 (now codified as T.C.A. § 39-1-606, hereinafter referred to by its former designation). At the close of plaintiff’s proof the Trial Judge directed a verdict for defendants on the ground that plaintiff had failed to prove “lack of probable cause by affirmative evidence.”

That part of the record which is properly before this Court…