Pratt v. Kilborn Motors, Inc.

Mr. PRESIDING JUSTICE GREEN

delivered the opinion of the court:

Plaintiff Victor C. Pratt sued defendants Kilborn Motors, Inc., and John Kilborn in the Circuit Court of Macon County seeking damages for malicious prosecution. Upon defendants’ motion, plaintiff’s second amended complaint was dismissed in bar of action for failure to state a cause of action. Plaintiff appeals. We affirm.

The parties argue that the essential elements of the tort of malicious prosecution are as stated in Freides v. Sani-Mode Manufacturing Co. (1965), 33 Ill. 2d 291, 295, 211 N.E.2d 286, 288:

“(1) the commencement or…