PITTS v. VILLAGE INN PIZZA, INC.

No. 778SC194.

241 S.E.2d 155 (1978)

35 N.C. App. 270

Richard PITTS v. VILLAGE INN PIZZA, INC.

Court of Appeals of North Carolina.

Certiorari Allowed April 4, 1978.


Attorney(s) appearing for the Case

Barnes, Braswell & Haithcock, P. A., by Michael A. Ellis and Gene Braswell, Goldsboro, for plaintiff-appellant.

Taylor, Warren, Kerr & Walker by Robert D. Walker, Jr., Goldsboro, for defendant-appellee.


Certiorari Allowed by Supreme Court April 4, 1978.

ARNOLD, Judge.

To establish a case of malicious prosecution a plaintiff must show (1) malice, (2) want of probable cause, and (3) a favorable termination of the proceedings upon which his action is based. Taylor v. Hodge, 229 N.C. 558, 50 S.E.2d 307 (1948). Plaintiff argues on this appeal that there were questions of fact as to whether defendant had probable cause to initiate the criminal proceeding...

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