ASH v. ASH

No. 94-1160.

72 Ohio St.3d 520 (1995)

ASH ET AL., APPELLANTS, v. ASH, APPELLEE.

Supreme Court of Ohio.

Decided July 26, 1995.


Attorney(s) appearing for the Case

Kennedy, Cicconetti & Rickett Co., L.P.A., David C. Knowlton and William G. Rickett, for appellants.

Buckingham, Doolittle & Burroughs, L.P.A., Reginald S. Kramer and Hamilton DeSaussure, Jr., for appellee.


WRIGHT, J.

The issue certified to this court is whether "a compromise between a defendant in a criminal proceeding and the prosecutor foreclose[s] a later malicious prosecution claim against the complaining witness when the complaining witness was not a party to that compromise." The answer to this query is "yes."

This court previously has held that "[t]he elements of the tort of malicious criminal prosecution are (1) malice in instituting or continuing the...

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