Camaj v. S. S. Kresge Co.

We are asked to decide in this case whether the trebling of damages, pursuant to MCL *283600.2907; MSA 27A.2907, is proper in a civil action for malicious prosecution when the jury verdict includes an award for exemplary damages. The Court of Appeals has certified a conflict between its decision in this case (affirming the lower court’s trebling of the jury verdict) and its decision in Zmija v Baron, 119 Mich App 524; 326 NW2d 908 (1982) (requiring the plaintiff to elect either to have the jury consider exemplary damages or to treble the jury verdict pursuant to the statute). Because we find…