MATTHEWS v. BLUE CROSS AND BLUE SHIELD

Docket No. 104011, Calender No. 1.

572 N.W.2d 603 (1998)

456 Mich. 365

Robert Edward MATTHEWS, D.D.S., Plaintiff-Appellee, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN, Defendant-Appellant.

Supreme Court of Michigan.

Decided January 21, 1998.


Attorney(s) appearing for the Case

Vander Male, Bellamy, Gilchrist, Vande Vusse & Cafferty, P.C. by Frederick B. Bellamy and Michael S. Cafferty, Detroit, for Plaintiff-Appellee.

O'Leary, O'Leary, Jacobs, Mattson, Perry & Mason, P.C. by John P. Jacobs, Southfield, for Defendant-Appellant.


Opinion

BOYLE, Justice.

We granted leave to appeal to decide whether the trial court erred in its determination that the plaintiff, in this malicious prosecution action, sustained the burden of presenting a jury submissible issue of fact regarding probable cause for criminal prosecution. We hold that plaintiff failed to meet that burden and that the trial court's conclusion to the contrary was error.

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