Cates v. Eddy

CARDINE, Justice.

This was a malicious prosecution action resulting from the arrest of plaintiff, Bruce Eddy (appellee), upon a criminal complaint and warrant issued because of alleged conduct of defendant, Earl Cates (appellant). Appeal is from the judgment in that action awarding both compensatory and punitive damages.

We affirm the reduced judgment if re-mittitur is accepted; or, if it is not, we remand for a new trial on the issue of damages.

The issues upon appeal, as stated by appellant, are:

“A. Did the Trial Court err in allowing the jury to return a verdict with excessive damages?

“B.…