(Download) "Dale A. Proctor v. Stevens Employment" by En Banc Supreme Court of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: Dale A. Proctor v. Stevens Employment
- Author : En Banc Supreme Court of Missouri
- Release Date : January 15, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
ANDREW JACKSON HIGGINS, Chief Justice Dale A. Proctor sued Stevens Employment Services, Inc., and and Ann J. Stevens in a malicious action for damages alleged as a result of a civil suit brought by defendants against Proctor. The jury returned a verdict for Proctor against both defendants and awarded $2500 in actual damages and $3000 in punitive damages. The Court of Appeals, Western District, affirmed, with Judge Shangler Dissenting and certifying the case to this Court on the ground that the majority opinion conflicts with Wolford v. United States Leasing Corp., 692 S.W.2d 383 (Mo. App. 1985). Reversed and remanded. Appellants contended: (1) the trial court erred in submitting the burden of proof instruction MAI 3.01 because Missouri law requires that the plaintiff prove the elements of malicious prosecution by strict and clear proof; and (2) the trial court erred in submitting the definition of malice contained in instruction MAI 16.01 because this definition does not require the plaintiff to prove the element of malice in order to establish liability and permits the plaintiff to recover punitive damages without a sufficient basis.
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