Southern Management Corp. v. Taha

BATTAGLIA, Judge.

In the case now before us, Mukhtar Taha sued Southern Management Corporation (hereinafter “SMC”) and two of its employees for malicious prosecution solely under a theory of respondeat superior liability. The jury rendered a verdict in which it found that the two named employee defendants were not liable; however, the jury also found in favor of Taha against SMC, the employer corporation. We hold that such irreconcilably inconsistent jury verdicts cannot stand under the theory of respondeat superior liability.

I. Background

A. Facts

On May 15, 1994, SMC hired Taha to work as a…