Condere Corp. v. Moon, et al.
| Docket Number: | 2001-CA-01382-SCT Linked Case(s): 2001-CA-01382-SCT |
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| Supreme Court: |
Opinion Date: 07-01-2004 Opinion Author: Cobb, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Malicious prosecution - Malice Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz and Randolph, JJ. Dissenting Author : Easley and Graves, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 08-01-2001 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: A jury found for the plaintiffs on their malicious prosecution claims and awarded $250,000 in compensatory damages and $100,000 in punitive damages to each plaintiff. The trial judge awarded an additional $25,000 in fees and costs to each plaintiff. |
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| Note: | nature of case: malicious prosecution | |
| Party Name: | Attorney Name: | |||
| Appellant: | Condere Corporation d/b/a Fidelity Tire and Manufacturing Company |
PEYTON S. IRBY
WENDY MOORE SHELTON
JEFFREY K. TYRE |
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| Appellee: | Jerry Moon, Sylvia Moon and Thomas Young | WILLIAM J. LITTLE, JR. JACK HARANG STUART H. SMITH |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Malicious prosecution - Malice |
| Summary of the Facts: | Condere Corporation sued Jerry Moon, Sylvia Moon, and Thomas Young in federal court for defamatory remarks made regarding Condere’s business. The federal court dismissed the suit, finding that Condere was a vortex public figure and had not proved the Moons and/or Young knew their statements were false. The Moons and Young sued Condere in Adams County Circuit Court for malicious prosecution, abuse of process, and intentional infliction of emotional distress. Condere moved for summary judgment, which the court granted. The Supreme Court reversed and remanded the summary judgment as to the plaintiffs’ malicious prosecution claims and affirmed summary judgment on the abuse of process claims. Following trial, a jury found for the plaintiffs on their malicious prosecution claims and awarded $250,000 in compensatory damages and $100,000 in punitive damages to each plaintiff. The judge awarded an additional $25,000 in fees and costs to each plaintiff. Condere appeals. |
| Summary of Opinion Analysis: | Condere argues that the Moons and Long presented no reason for the jury to believe Condere lacked probable cause or acted maliciously when filing the underlying defamation action. The elements of the tort of malicious prosecution are the institution of a proceeding; by, or at the insistence of the defendant; the termination of such proceedings in the plaintiff's favor; malice in instituting the proceedings; want of probable cause for the proceedings; and the suffering of injury or damage as a result of the prosecution. The first three elements necessary to prove malicious prosecution were not in dispute in this case. With regard to probable cause, the plaintiffs produced the testimony of Dennis Terwilliger, president of Condere, who made the decision to file the defamation suits without any knowledge of the term vortex public figure, or the consequences of its possible application. Under the circumstances the jury could find that Condere did not have a reasonable belief of a good chance of success. However, the failure to establish the element of malice is what defeats the plaintiffs’ claims. Unlike probable cause, the question of malice is to be determined by the jury unless only one conclusion may reasonably be drawn from the evidence. Condere used available civil law remedies to attempt to show that others were making false and damaging statements against it. This is not an improper objective. Therefore, the circuit court's judgment against Condere is reversed, and judgment is rendered in favor of Condere. |
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