Abernathy v. Dover

Bell, Chief Judge.

This is a malicious prosecution suit in which the defendants’ motion for summary judgment was granted. The plaintiff appeals. Held:

The issue in this type of action is the lack of probable cause on the part of the prosecution. Morgan v. Mize, 118 Ga. App. 534 (164 SE2d 565). Ordinarily the existence of probable cause is a jury question. Code § 105-802. But, where the material facts are not in dispute or only one inference can be drawn, the question becomes one of law. Johns v. Gibson, 60 Ga. App. 585 (4 SE2d 480). An employee of the defendants, operators of a grocery store,…