SCHWANE v. KROGER COMPANY

No. 25229.

480 S.W.2d 113 (1972)

Ronald SCHWANE, Respondent, v. The KROGER COMPANY, Inc., Appellant.

Missouri Court of Appeals, Kansas City District.

April 24, 1972.


Attorney(s) appearing for the Case

Alvin D. Shapiro, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, for appellant.

Lawrence F. Gepford and R. Bruce Sears, Kansas City, for respondent.


PER CURIAM.

Upon Count I for false arrest (or false imprisonment) the jury returned a verdict for plaintiff for $375.00 actual damages and $1,750.00 punitive damages. Upon Count II for malicious prosecution, the jury's verdict was for $450.00 actual and $2,500.00 punitive damages.

Seeking reversal of the judgment, defendant asserts error in three instructions; that the court erred in failing to require plaintiff to elect between his counts for false arrest...

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