SANCETTA v. APOLLO STEREO MUSIC COMPANY, INC.,

No. 78-1121.

616 P.2d 182 (1980)

Marion SANCETTA, d/b/a Westate Sales Co., Plaintiff-Appellant, v. APOLLO STEREO MUSIC COMPANY, INC., a Colorado Corporation; Salem Investment Company, Inc., a Colorado Corporation; Jack Hackett, Stanley Singer, and A. A. DeBaca, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 3, 1980.

Certiorari Denied September 22, 1980.


Attorney(s) appearing for the Case

Tinsley, Frantz, Fleming & Davidson, P. C., Roger V. Davidson, Albert T. Frantz, Lakewood, for plaintiff-appellant.

Bohm, Connell & McLellan, Bruce G. McLellan, Lawrence Katz, Lakewood, for defendants-appellees.


PIERCE, Judge.

Plaintiff appeals a directed verdict for defendant granted at the close of plaintiff's case in a malicious prosecution action. We reverse.

In a malicious prosecution action, the burden is on plaintiff to prove (1) that defendants were parties to or assisted in a prior action against plaintiff; (2) that the prior action ended in favor of plaintiff; (3) that there was no probable cause for the prior action; (4) that defendants' participation in...

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