Coker v. K-Mart Corp.

McMurray, Presiding Judge.

Plaintiff Coker filed this action for malicious prosecution against defendant K-Mart Corporation. The case was tried before a jury which returned a verdict in favor of plaintiff in the amount of $202,000 general damages and $310,833 aggravated damages. Thereafter, based on its conclusion that the evidence demanded a finding that defendant had probable cause to conclude that plaintiff had committed the offense of shoplifting, the trial court granted defendant’s motion for judgment notwithstanding the verdict. Plaintiff appeals, seeking a judgment consistent with the…