Smith v. Wendy's of the South, Inc.

At the close of plaintiff Smith's malicious prosecution case, the trial court granted a directed verdict for the defendants, Wendy's of the South, Inc., and Robert Harland Matthews. Smith appeals. We affirm.

Smith was indicted by the Grand Jury of Mobile County for a robbery in the first degree at a Wendy's restaurant. The criminal proceedings were nol-prossed by the district attorney.

A directed verdict in favor of a defendant is proper only when there is no evidence to support one or more elements of plaintiff's cause of action. Smith v. Norman, 495 So.2d 536 (Ala. 1986).

As this Court stated…