Shelton v. Evans

437 A.2d 18, 292 Pa. Super. 228, 1981 Pa. Super. LEXIS 3686
CourtSuperior Court of Pennsylvania
DecidedNovember 6, 1981
Docket267
StatusPublished
Cited by28 cases

This text of 437 A.2d 18 (Shelton v. Evans) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shelton v. Evans, 437 A.2d 18, 292 Pa. Super. 228, 1981 Pa. Super. LEXIS 3686 (Pa. Ct. App. 1981).

Opinions

SPAETH, Judge:

This is an appeal from an order denying a motion for judgment n.o.v. or new trial. The action is for malicious prosecution. The jury returned a verdict of $20,000 compensatory damages and $30,000 punitive damages. Appellant argues that the verdict was not supported by the evidence, and was excessive. Finding no merit in either of these arguments, we affirm.

[231]*2311

This action was brought in April 1969. In July 1973 the case was tried. When appellant failed to appear, findings by a judge sitting without a jury of $2,500 compensatory damages and $2,500 punitive damages were entered against him. On June 17, 1976, appellant petitioned to open the judgment that had been entered on the findings. The petition was granted on May 25, 1977, and the case was retried, before a jury, in November 1979. The evidence may be summarized as follows.

Appellee, James R. Shelton, was a self-employed plumber, and a life-long friend of Robert and Jessie Evans. He had often made repairs on properties owned by the Evanses. Robert Evans died in 1946. Jessie Evans died in 1967 and in her will named appellee as her sole heir. Her executor, a Pittsburgh attorney, asked appellee to collect the rents on the properties in her estate. Appellee did, depositing the rents he collected in a special account. The executor also transferred an automobile from the estate to appellee.

Appellant, Benjamin Amos, was an attorney practicing in the District of Columbia. He represented several relatives of Robert Evans who were pressing claims against the estate under a contingent fee arrangement whereby appellant would receive a percent of the monies he succeeded in recovering from the estate. Appellant associated himself with a Pittsburgh attorney, Robert Truel. Truel served appellee with a notice of deposition. Answering all questions put to him, appellee was deposed for two days concerning his involvement with the estate. A couple of weeks after the deposition, a constable appeared at appellee’s home late in the evening. In the presence of his wife, appellee was served with a warrant for his arrest on four separate criminal complaints alleging that he had wrongfully converted assets of the estate. The complaints were signed by a relative of Robert Evans, Ethel Evans, whom appellee had known all his life. When the constable ordered appellee to accompany him back to the jail, appellee called his attorney, [232]*232who convinced the constable that appellee need not go to jail but would appear to answer the charges.

Two hearings were held before the magistrate. On March 12, 1968, Ethel Evans appeared but offered no evidence in support of any of the four complaints. At appellant’s request, the magistrate postponed the proceedings until April 16, 1968, at which time appellant asked that the charges all be withdrawn.

There is no question but that the charges were baseless. Truel testified that he first learned of the charges from appellant. He further testified that Ethel Evans, an elderly, uneducated woman, did not understand either the contents of the charges or the nature of the criminal process she had invoked, and that appellant had asked him to sign the complaints. He further testified that after the first hearing, appellant had assumed the responsibility for gathering evidence to support the charges but never asked him to verify the transfer of the automobile—an asset alleged to have been wrongfully converted.

A cause of action for malicious prosecution requires that the following elements be proved:

A private person who initiates or procures the institution of criminal proceedings against another who is not guilty of the offense charged is subject to liability for malicious prosecution if
(a) he initiates or procures the proceedings without probable cause and primarily for a purpose other than that of bringing an offender to justice, and
(b) the proceedings have terminated in favor of the accused.
Restatement (Second) Torts § 653.

See also, Neczypor v. Jacobs 403 Pa. 303, 308-09, 169 A.2d 528, 531 (relying on Restatement of Torts § 672).

The jury was entitled to find that each of these elements had been proved. The proceedings did terminate in appellee’s favor. No evidence suggested that the proceed[233]*233ings were initiated with probable cause. To the contrary, the jury could reasonably have concluded that the purpose behind the complaints was not to “bring[] an offender to justice” but to induce appellee to relinquish some or all of his claims as sole heir named in the will. Finally, the jury could reasonably have concluded that it was appellant, and not Ethel Evans, who had “initiate[d] or procure[d] the proceedings,” and that he had done so because under his contingent fee agreement a recovery against the estate would be to his financial advantage.

We therefore conclude that so far as the issue of liability is concerned, the lower court properly denied appellant’s motion for judgment n.o.v. or new trial.

In determining whether appellant should be granted a new trial on the ground that the jury’s verdict was excessive, we must determine whether either of its two awards, $20,000 compensatory damages, and $30,000 punitive damages, was excessive, and not, as appellant suggests, whether the total award of $50,000 was.

a

In an action for malicious prosecution, compensatory damages may include all of the plaintiff’s actual expenses in defending himself, compensation for loss of liberty or time, harm to reputation, physical discomfort, interruption of business, mental anguish, humiliation, and injury to feelings. See Howarth v. Segal, 232 F.Supp. 617 (E.D.Pa.1964); Lynn v. Smith, 193 F.Supp. 887 (W.D.Pa.1961); Biggans v. Hajoca Corp., 94 F.Supp. 593 (E.D.Pa.1951) aff’d 185 F.2d 982 (3d Cir. 1951).

Appellee could prove only $500—the cost of defending himself against criminal charges—as actual out-of-pocket expenses. It is therefore evident that in awarding $20,000 compensatory damages, the jury expressed its opinion of [234]*234what represented fair compensation for the intangible injuries appellee had suffered. The award was admittedly considerable; it was not, however, excessive.

As we have mentioned, appellee was arrested, without any warning, in his home and in front of his wife, on four criminal complaints. He almost went to jail. He did have to go to two separate hearings to defend himself. It must have been a nightmare, for he knew he had committed no crime. Moreover, he testified that he had never been arrested before, nor had any criminal charge ever been preferred against him. But there he stood, in the dock, charged by a woman he had known all his life. It was three months before the charges were withdrawn.

Perhaps a young and carefree man might have shrugged all of this off. But appellee was in his fifties, established in his community, a self-employed plumber for thirty years. He testified that suddenly he found himself obliged to explain to his neighbors that he really hadn’t stolen anything from Ethel Evans, and that even after the charges were dropped, he had to continue to explain.

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Bluebook (online)
437 A.2d 18, 292 Pa. Super. 228, 1981 Pa. Super. LEXIS 3686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelton-v-evans-pasuperct-1981.