327 S.E.2d 518 | Ga. Ct. App. | 1985
Edgar Ricks brought suit against American Parts System, Inc. alleging he had been maliciously prosecuted, illegally arrested and falsely imprisoned at the instigation of American Parts System. The jury returned a verdict in favor of Ricks. The trial court granted American Parts System’s motion for judgment n.o.v. and Ricks appeals.
Appellant contends the trial court erred by granting appellee’s motion for judgment n.o.v. because there was evidence presented at trial which supported the jury’s verdict in his favor. In an action to recover damages for an alleged malicious criminal prosecution, the plaintiff carries the burden of proving that such prosecution was maliciously carried on and also that it was carried on without any proba
The evidence shows that appellee’s agent requested the presence of a law enforcement officer when appellant was scheduled to be terminated from his employment with appellee because of the agent’s fear that appellant, who was known to carry a gun, would become violent. Officer B. B. Harrison of the Atlanta Police Department arrived and was told by the agent that appellant carried a gun, was violent, and had threatened others at appellee’s place of business. When appellant arrived, Officer Harrison arrested him for carrying a concealed weapon without a license. The record indicates the difficulty counsel for both parties experienced in eliciting clear answers from Officer Harrison. However, although her testimony was occasionally confusing, we find no conflict in the ultimate testimony by Officer Harrison that she arrested appellant on the concealed weapon charge because “I did believe he was carrying a concealed weapon at the time I arrested him” and that she exercised independent judgment in arresting appellant on the charge of carrying a weapon without a license based on her reiterated statement that she acted with deliberation in selecting the precise moment of arrest. Although statements made by appellee’s agent as to appellant’s alleged violent nature may have influenced Officer Harrison to take appellant into custody rather than issue a citation, Officer Harrison testified that she arrested appellant only for crimes she herself had verified and because she believed he was committing those crimes.
Inasmuch as appellant failed to establish that the persuasion of appellee or appellee’s agent was the determining factor in inducing
Judgment affirmed.