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Kaiser v. Tara Ford Inc.

Plaintiff had no cause of action for malicious prosecution based on false information that defendant's employee provided to authorities during an ongoing criminal investigation because the employee did not implicate plaintiff in any crimes.

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Marc J. Kaiser appeals from the trial court’s grant of summary judgment to Tara Ford, Inc. d/b/a Allen Vigil’s Southlake Ford Southlake, on his claims for malicious prosecution, intentional infliction of emotional distress, defamation, failure to supervise and train employee Keller, and a claim pursuant to OCGA § 51-1-6.1

In reviewing a grant of summary judgment pursuant to the standards set out in Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991, this Court conducts a de novo review of the law and the evidence, Desai v. Silver Dollar City, 229 Ga. App. 160, 163 1 493 SE2d 540 1997, giving the opposing party the benefit of all reasonable doubt and construing the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Clark v. Cauthen, 239 Ga. App. 226, 227 1 520 SE2d 477 1999. If a defendant who does not bear the burden of proof at trial demonstrates that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case, the burden shifts to the nonmoving party to point out specific evidence giving rise to a triable issue. Lau’s Corp., supra.

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