Gustafson v. Payless Drug Stores Northwest, Inc.

The plaintiff was acquitted of a criminal charge of shoplifting. She brought this malicious prosecution action, the jury awarded her damages and the defendant, Payless Drug Stores, appeals.

The principal assignment of error is that the trial court erred, in denying the defendant’s motion for directed verdict. Payless urges that the trial court erred in this regard because Payless had probable cause to prosecute plaintiff. Proof of probable cause is a complete defense to the action. We recently discussed the requirement of probable cause in a malicious prosecution action in Varner v. Hoffer,…