Garcia v. Whitaker
400 S.W.3d 270
Ky.2013Background
- Garcia (Autobahn Automotive) repaired Whitaker’s Porsche via Porsche of Lexington, paid $6,689.40, and retained the car as collateral after Whitaker refused to pay; Garcia later presented invoices and filed a mechanic’s lien for about $8,000.
- Whitaker (an attorney) filed a sworn criminal complaint alleging Garcia refused to show receipts and failed to turn over the car; a magistrate judge found probable cause and issued a warrant; Garcia was arrested, briefly jailed, then charges were dismissed when no indictment was sought.
- Garcia sued Whitaker for malicious prosecution, abuse of process, false imprisonment, slander, libel, and other torts, and sought enforcement of the mechanic’s lien; after trial the court directed verdicts for Whitaker on malicious prosecution and abuse of process, but the jury awarded Garcia damages on the lien claim.
- Trial and Court of Appeals both affirmed directed verdicts for Whitaker; the Kentucky Supreme Court granted review focusing on whether (1) the advice-of-counsel defense defeated Garcia’s malicious-prosecution claim and (2) whether Garcia presented sufficient evidence of abuse of process.
- The Supreme Court held the advice-of-counsel defense was unavailable because Whitaker’s sworn complaint omitted material facts that could preclude a full and fair disclosure to the County Attorney and judge, and it found sufficient evidence to let an abuse-of-process claim survive a directed verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether malicious prosecution fails because Whitaker relied on County Attorney / judge (advice-of-counsel) | Garcia: Whitaker’s sworn complaint omitted material facts, so advice-of-counsel cannot establish probable cause | Whitaker: He presented facts to the County Attorney and judge who found probable cause, so advice-of-counsel immunizes him | Held for Garcia on this issue: advice-of-counsel unavailable due to concealment of material facts; directed verdict was erroneous |
| Whether probable cause existed to support the criminal charge (theft by failure to make required disposition) | Garcia: Statute unlikely applies because Whitaker had not paid; facts support lack of probable cause | Whitaker: County Attorney and judge determined probable cause; reliance on their determination | Court: Whether probable cause existed must be resolved by jury given disputed material facts; advice-of-counsel does not resolve it here |
| Whether abuse of process claim fails because it depends on malicious prosecution | Garcia: Abuse of process is a distinct tort; evidence showed ulterior purpose and improper act | Whitaker: Process was normal and within ordinary course; no improper use | Held for Garcia on this issue: sufficient evidence of ulterior purpose and an illegitimate act (Whitaker accompanying arresting officers and regaining car) to survive directed verdict |
| Whether directed verdict was appropriate under Kentucky standard | Garcia: Credible disputes of material facts required jury resolution | Whitaker: Evidence supported legal defenses so directed verdict proper | Court: Directed verdict improper on malicious prosecution and abuse of process; remand for further proceedings |
Key Cases Cited
- Raine v. Drasin, 621 S.W.2d 895 (Ky. 1981) (elements and strict approach to malicious prosecution)
- Flynn v. Songer, 399 S.W.2d 491 (Ky. 1966) (advice-of-counsel defense explained)
- Reid v. True, 302 S.W.2d 846 (Ky. 1957) (advice-of-counsel defense when complainant swears facts and prosecutor/judge act)
- Simpson v. Laytart, 962 S.W.2d 392 (Ky. 1998) (elements of abuse of process: ulterior purpose and improper act)
- Kroger Co. v. Willgruber, 920 S.W.2d 61 (Ky. 1996) (standard for directed verdict)
- National Collegiate Athletic Ass'n v. Hornung, 754 S.W.2d 855 (Ky. 1988) (motion for directed verdict admits truth of opposing evidence)