Weniger v. Famous-Barr Co.

KAROHL, Presiding Judge.

This opinion follows a retransfer of this cause from the Supreme Court for reconsideration in light of its holding in Sanders v. Daniel International Corporation, 682 S.W.2d 803 (Mo. banc 1984).

Defendant-appellant Famous-Barr appeals a verdict and judgment for plaintiff on her malicious prosecution claim contending there was no evidence to prove Famous-Barr had instigated the prosecution and there was no evidence of malice. Plaintiff-respondent Shirley Weniger cross-appeals claiming instruction error in the use of defendant-appellant’s converse instruction on the…