DANIELSON v. HESS

No. 25879.

807 N.W.2d 113 (2011)

2011 S.D. 82

Trenton Jay DANIELSON, Plaintiff and Appellant, v. James I. HESS, Jake J. Jansevics, and Minitman, Inc., a South Dakota Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 7, 2011.


Attorney(s) appearing for the Case

Jon J. Lafleur of Abourezk & Zephier, PC, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Thomas E. Brady , Richard A. Pluimer of Brady Pluimer, PC, Spearfish, South Dakota, Attorneys for defendants and appellees.


ZINTER, Justice.

[¶ 1.] Trent Danielson was prosecuted for theft from his employer's auto repair business, but he was acquitted by a jury. He later commenced this action for malicious prosecution against his employer. The circuit court granted summary judgment in favor of the employer. The court ruled that Danielson did not establish legal causation between the employer's report of theft and the criminal prosecution. The court also concluded that Danielson failed...

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