Stokes v. Southern States Cooperative, Inc., No. 10-3307 (8th Cir. 2011)
Annotate this CasePlaintiff appealed the district court's grant of summary judgment to defendant on his claim of malicious prosecution under Arkansas law. The district court held that plaintiff failed to present evidence sufficient to withstand summary judgment on two of the five elements necessary to sustain his claim. The court held that the district court erred in holding that the evidence was insufficient as a matter of law to sustain plaintiff's claim that defendant brought suit against him on the guaranty without probable cause. The court also held that a jury must decide what was defendant's motive or purpose in suing plaintiff if it in fact understood it had no reasonable chance of prevailing on the merits of its claim against plaintiff.
Court Description: Civil case - torts. The district court erred in granting defendant's motion for summary judgment on plaintiff's claims for malicious prosecution as a jury could find defendant brought its state court action to enforce a guaranty without probable cause; it is for a jury to decide defendant's motive in bringing the state court action against plaintiff.
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