Danielson v. HessAnnotate this Case
Employee was prosecuted for theft from his Employer, but he was acquitted by a jury. Employee later commenced an action for malicious prosecution against Employer. The trial court granted summary judgment in favor of Employer, concluding (1) Employee did not establish legal causation between Employer's report of theft and the criminal prosecution, and (2) Employee failed to establish the absence of probable cause to prosecute. Employee appealed, arguing that although the decision to prosecute was made by the state's attorney and grand jury, his claim was actionable because Employer did not give full and correct information to the authorities. The Supreme Court affirmed, holding that the trial court did not err where (1) Employer's report was not the legal cause of the prosecution, and (2) Employee identified no facts suggesting that the prosecution was based on such information and that but for such information the decision to prosecute would not have been made by the prosecutor.