S. S. KRESGE CO. v. RUBY

SC 2347.

348 So.2d 484 (1977)

S. S. KRESGE CO., d/b/a K-Mart v. Arlen RUBY.

Supreme Court of Alabama.

July 29, 1977.


Attorney(s) appearing for the Case

Danny D. Henderson of Williams, Spurrier, Rice & Grace, Huntsville, for appellant.

C. Lynwood Smith, Jr., Huntsville, for appellee.


FAULKNER, Justice.

K-Mart appeals from a jury verdict and judgment awarding Ruby $35,000 damages in a malicious prosecution suit. We affirm.

The issues presented for review are: (1) lack of probable cause, (2) defense of advice of counsel, (3) alleged prejudicial remarks of counsel in summation, (4) excessive damages, (5) no response from prospective juror during voir dire examination, (6) failure to give written requested charge concerning T. 14, § 334...

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