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FORD NEW HOLLAND, INC. v. BEATY

1900432, 1900433.

602 So.2d 1198 (1992)

FORD NEW HOLLAND, INC., v. Tom BEATY, Jr. Larry LILLY, v. Tom BEATY, Jr.

Supreme Court of Alabama.

June 12, 1992.

Attorney(s) appearing for the Case

Richard A. Ball, Jr. of Ball, Ball, Matthews & Novak, Montgomery, for appellant Ford New Holland, Inc.

Horace G. Williams, Eufaula, for appellant Larry Lilly.

Jere L. Beasley, Frank M. Wilson and Thomas J. Methvin of Beasley, Wilson, Allen, Mendelsohn, Jemison & James, P.C., Montgomery, for appellee.

ALMON, Justice.

The defendants appeal separately from a judgment on a jury verdict awarding the plaintiff $1,025,000 in a malicious prosecution action. Tom Beaty was prosecuted for, and found not guilty of, assault in the third degree. He then filed the action against Larry Lilly and Lilly's employer, Ford New Holland, Inc. The prosecution of Beaty arose from an incident in which Beaty kicked Lilly in the seat of the pants and a fight ensued. The dispositive question...

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