Richey v. Brookshire Grocery Co.

in which PHILLIPS, Chief Justice, HECHT, ENOCH and OWEN, Justices, join.

The issue in this malicious prosecution case is whether Brookshire Grocery Store lacked probable cause to initiate criminal proceedings against Kelley Richey. The jury found, along with the other elements of malicious prosecution, that Brookshire lacked probable cause to file a criminal prosecution against Richey and awarded him damages. The court of appeals reversed, holding that there was no evidence to support the jury’s finding on the probable cause issue. 899 S.W.2d 331. We agree with the court of appeals and…