David Frederick's, Inc. v. McNally
David Frederick's, Inc. v. McNally
Opinion of the Court
Appellee William J. McNally brought this action against appellants David Frederick’s, Inc. d/b/a Brenda Allen’s and Sam’s Style Shops, and Connie Barefield, alleging malicious prosecution and false imprisonment and seeking actual and punitive damages. The trial court directed a verdict in favor of appellants as to the false imprisonment claim; on the remaining claim, the jury returned a verdict in favor of appellee in the amount of $5,500 actual damages and $75,000 punitive damages. Appellants’ five enumerations of error challenge adverse rulings by the trial court on their motions for directed verdict, judgment n. o. v. and new trial.
To paraphrase from former Chief Justice Bleckley’s opinion in Wells v. Mayor &c. of Savannah, 87 Ga. 397, 398-9 (13 SE 442) (1891), some cases task the anxious diligence of this court not by their
As noted by appellants throughout their brief, the evidence of record was in sharp conflict as to appellee’s claim of malicious prosecution. Appellee presented evidence in support of his contentions and appellants presented evidence in support of theirs. Appellee’s testimony, if believed by the jury, authorized the verdict in his favor. See Melton v. LaCalamito, 158 Ga. App. 820 (282 SE2d 393) (1981); Gibson’s Products, Inc. v. Edwards, 146 Ga. App. 678 (247 SE2d 183) (1978); Gaddy v. Gilbert, 140 Ga. App. 508 (231 SE2d 403) (1976). Accordingly, appellants’ motions for directed verdict, judgment n. o. v. and new trial were properly overruled by the trial court.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.