Torts: DAVIS V. CITY OF WINCHESTER, KY. (SC 9/21/2006)

DAVIS V.   CITY OF WINCHESTER, KY.
TORTS:  Malicious prosecution;   Stipulations
2004-SC-000820-DG.pdf
PUBLISHED: AFFIRMING IN PART AND REVERSING IN PART (GRAVES)
DATE RENDERED: 9/21/2006

A defendant may not unilaterally stipulate away from the jury’s consideration parts of the case that he does not want the jury to see.

A plaintiff is required to prove six elements of a malicious prosecution claim .  By granting the motion in limine, the trial court erroneously allowed Appellees to unilaterally stipulate away from the jury’s consideration an entire element of Appellant’s case, as it prohibited Appellant from introducing any evidence to prove the termination of prosecution element of his claim.