Kenneth Pote Plaintiff Below v. Richard

1. "In an action for malicious prosecution, plaintiff must show: (1) that the prosecution was set on foot and conducted to its termination, resulting in plaintiffs discharge; (2) that it was caused or procured by defendant; (3) that it was without probable cause; and (4) that it was malicious. If plaintiff fails to prove any of these, he cannot recover. Radochio v. Katzen, 92 W.Va. 340, 114 S.E. 746, Pt. 1, Syl. [114 S.E.2d 746]." Syl. pt. 3, Truman v. Fidelity & Casualty Co. of New York, 146 W.Va. 707, 123 S.E.2d 59 (1961).