JONES v. GWYNNE

No. 8212SC1086.

306 S.E.2d 574 (1983)

Ray Livingston JONES v. Matt GWYNNE, Christal Newton, Ramona Galarza and McDonald's Corporation.

Court of Appeals of North Carolina.

September 20, 1983.


Attorney(s) appearing for the Case

Teague, Campbell, Conely & Dennis by G. Woodrow Teague and Dayle A. Flammia, Raleigh, and Smith, Dickey & Parish by W. Ritchie Smith, Jr., Fayetteville, for plaintiff, appellee.

Hunton & Williams by Odes L. Stroupe, Jr. and David Dreifus, Raleigh, for defendants, appellants.


HEDRICK, Judge.

In order to succeed in an action for malicious prosecution, the plaintiff must show "that defendant initiated the earlier proceeding, that he did so maliciously and without probable cause, and that the earlier proceeding terminated in plaintiff's favor." Stanback v. Stanback, 297 N.C. 181, 202, 254 S.E.2d 611, 625 (1979). The defendants argue that the trial court erred by excluding evidence of probable cause...

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