98 N.C. App. 115 - Flippo v. Hayes’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In proving a cause of action for malicious prosecution, the claimant must show that the defendant initiated the earlier proceeding maliciously and without probable cause and that the proceeding terminated in the claimant’s favor. Jones v. Gwynne, 312 N.C. 393 , 323 S.E.2d 9 (1984). Probable cause in malicious prosecution cases has been defined as “the existence of such facts and circumstances, known to him at the time, as would induce a reasonable man to commence a prosecution.” Pitts v. Village Inn Pizza, Inc., 296 N.C. 81, 87 , 249 S.E.2d 375, 379 (1978) (quoting Morgan v. Stewart, 144 N.C. 424, 430 , 57 S.E. 149, 151 (1907)). The burden of proving want of probable cause is on the party pursuing the malicious prosecution claim. Gray v. Gray, 30 N.C. App. 205, 207 , 226 S.E.2d 417, 419 (1976). Such proof is not established by proof that the proceeding was instituted maliciously. Id. at 208 , 226 S.E.2d at 419 (citing Tucker v. Davis, 77 N.C. 330 (1877)). If the facts are admitted or established, the question of probable cause is for the court, but when the facts are in dispute the question is one of fact for the jury. Pitts, 296 N.C. at 87 , 249 S.E.2d at 379 . In this jurisdiction, want of probable cause may be found when an accuser swears out a criminal warrant but the conduct of the accused does not constitute a crime. See Gray v. Bennett, 250 N.C. 707 , 110 S.E.2d 324 (1959); Smith v. Deaver, 49 N.C. 513 (1857).”

   1 later decision quote this exact passage
   e.g. 105 N.C. App. 107 - Wilson v. Pearce