Jeff Hamilton v. Krey Packing Company

Plaintiff appeals from the trial court's setting aside a jury verdict in his favor and entering judgment for the defendant. Plaintiff sued defendant for malicious prosecution after charges had been filed against him for stealing meat of a value of under $50.00 from the defendant. Defendant moved for a directed verdict at the end of plaintiff's case and again at the close of all the evidence. The trial court denied both motions. The jury found in favor of plaintiff and awarded him $20,000 actual damages and $30,000 punitive damages. Thereafter, defendant filed a motion for judgment in accordance with its motion for directed verdict, contending, among other things, that plaintiff failed to produce sufficient evidence to support a verdict. The trial court granted the motion and entered Judgment for defendant. We affirm. On June 11, 1975, plaintiff was employed by defendant as a loin puller at defendant's St. Louis plant. Plaintiff testified that he usually started work at 6:00 a.m. and worked eight to ten hours. He further testified that on June 11 he met Freddie Tippett, a co-employee, after work and bought two of the ribs Freddie had purchased at defendant's retail store located at the plant. Plaintiff stated that he met Freddie about 2:45 p.m. on the parking lot and paid $7.00 for the two ribs. Plaintiff put the ribs in the trunk of his car and went back into the plant to clean up before leaving work. Tippett's testimony supports plaintiff's rendition of these facts. 1