KMart Corp. v. Cullen

SCHWARTZ, Chief Judge.

After a jury verdict for the plaintiff Cullen in a shoplifting-malicious prosecution case, the trial judge granted a new trial on the issue of damages only. On this appeal, the defendant KMart, claims, among other things, the right to a judgment in its favor on the ground that it had probable cause for pursuing a criminal action against the plaintiff as a matter of law. Pretermitting the other issues presented, we agree with that position and reverse for entry of judgment in KMart’s favor.

Although many of the circumstances surrounding the incident in question were in hot…