K Mart Corp. v. Griffin

Beasley, Judge.

Dixie Griffin sued K Mart for malicious prosecution (OCGA § 51-7-40), false arrest (OCGA § 51-7-1), and false imprisonment (OCGA § 51-7-20), but the case was tried only on the first count. K Mart ap peals from the judgment for Ms. Griffin.

The first five enumerations of error attack the sufficiency of the evidence. Thus, as presented by the parties, and given the law on malicious prosecution and the merchant’s statutory defense (OCGA § 51-7-60), the question boils down to whether there is any evidence of probable cause and malice. According to the code, both must be established…