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DOW v. SEARS, ROEBUCK & CO.

A8210-06596; CA A35775.

734 P.2d 1387 (1987)

84 Or. App. 664

David Wayne DOW, Respondent-Cross-Appellant, v. SEARS, ROEBUCK & Company, a Foreign Corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided April 8, 1987.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Robert E. Maloney, Jr., Lindsey H. Hughes, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Michael R. Shinn, Portland, argued the cause for respondent-cross-appellant. On the brief were Charles J. Merten, and Merten & Fink, Portland.

Before JOSEPH, C.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Plaintiff brought an action for battery and for malicious initiation and continuation of prosecution arising out of an incident at defendant's store. At the close of the evidence, the court directed a verdict for defendant on the claim for malicious initiation of prosecution. The jury gave defendant a verdict on the claim for malicious continuation of prosecution, but it gave plaintiff a verdict on the claim for battery and an award of $40,000 general...

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