SEARS COMPANY v. Weddington

Banke, Presiding Judge.

The appellee was indicted for one count of theft by receiving stolen property and four counts of forgery in the first degree based on a series of transactions which occurred at a Sears store in Savannah. That indictment was, however, nolle prossed; and he thereafter brought the present action against the Sears Company and the security manager of the Savannah store seeking damages for malicious prosecution. The case is before us on interlocutory appeal from the denial of a defense motion for summary judgment.

The security manager had observed the appellee and a female…