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Vojnovic v. Brants

The plaintiff's malicious prosecution claim was not barred by judicial estoppel because it was not viable until after her Chapter 7 bankruptcy petition had been filed and she had no absolute duty to amend the schedule of assets to include it.

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Sheila Brants sued Gregory Vojnovic and Statler Restaurants Partners, LLC, collectively, “the defendants” for malicious prosecution and intentional infliction of emotional distress.1 The trial court denied the defendants’ motion for summary judgment on these claims, and the case proceeded to a jury trial. The jury awarded Brants $21,750, and the defendants appeal.2 According to the defendants, the trial court erred in failing to direct a verdict on Brants’ malicious prosecution claim.3 For reasons that follow, we disagree and affirm. “Where a jury returns a verdict and it has the approval of the trial judge, we must affirm on appeal if there is any evidence to support it.”4 Accordingly, in reviewing a trial court’s denial of a motion for directed verdict, we view the evidence in a light most favorable to the jury’s verdict.5 A directed verdict is appropriate only if there is no conflict in the evidence as to any material issue and the evidence and all reasonable deductions therefrom demand a certain verdict.6

Viewed in this manner, the evidence shows that Brants was hired by Vojnovic to make business recommendations and to update the computer system for his business. Initially, Brants worked as a contractor, earning $50 per hour. But after Vojnovic lost a key employee, Brants was hired full time in October 1997. Part of her duties involved writing checks for the business, including her own paychecks. As part of her employment package, Brants was given a corporate American Express card that she could also use for personal expenses so long as she reimbursed the company.

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