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Fatone v. Dedomenico

Supreme Court of Connecticut
Oct 27, 1971
161 Conn. 576 (Conn. 1971)

Summary

holding that in an action for malicious prosecution against a private individual, proof that the defendant initiated or procured the institution of the underlying criminal proceedings is an essential element, and failure to satisfy it will defeat the plaintiff's claim

Summary of this case from Lefebvre v. Zarka

Opinion

Argued October 7, 1971

Decided October 27, 1971

Action to recover damages for alleged malicious prosecution, brought to the Court of Common Pleas in New Haven County and tried to the jury before O'Brien, J.; verdict and judgment for the defendant and appeal by the plaintiff. No error.

Thomas F. Brown, with whom, on the brief, was Vincent F. Villano, for the appellant (plaintiff)

Peter C. Dorsey, for the appellee (defendant).


This is an action for malicious prosecution in which the jury returned a verdict in favor of the defendant. The court's memorandum of decision denying the plaintiff's motion to set aside the verdict stated that the evidence, taken in the light most favorable to the plaintiff, "failed to disclose that the defendant had `procured' the arrest of the plaintiff. . . . There was no intimation in the evidence that the defendant expressed a desire that the plaintiff should be arrested, requested that the plaintiff be arrested or insisted upon it. A person is deemed to have initiated a proceeding if his direction or request, or pressure of any kind by him, was the determining factor in the officer's (or prosecutor's) decision to commence the prosecution. Zenik v. O'Brien, 137 Conn. 592, 596 [ 79 A.2d 769]. The plaintiff's proof was lacking in this essential element."

The record discloses that this observation by the trial court was correct. It is unnecessary to discuss the remaining assignments of error.


Summaries of

Fatone v. Dedomenico

Supreme Court of Connecticut
Oct 27, 1971
161 Conn. 576 (Conn. 1971)

holding that in an action for malicious prosecution against a private individual, proof that the defendant initiated or procured the institution of the underlying criminal proceedings is an essential element, and failure to satisfy it will defeat the plaintiff's claim

Summary of this case from Lefebvre v. Zarka

In Fatone, the court upheld the trial court's denial of the plaintiffs motion to set aside the verdict in a malicious prosecution action.

Summary of this case from Ford v. Barnes
Case details for

Fatone v. Dedomenico

Case Details

Full title:LOUIS FATONE v. JOSEPH M. DEDOMENICO

Court:Supreme Court of Connecticut

Date published: Oct 27, 1971

Citations

161 Conn. 576 (Conn. 1971)
290 A.2d 324

Citing Cases

Troland v. Whitehead

With respect to the first element, a person is deemed to have initiated proceedings "if his direction or…

State v. Cutler

A showing that the complainant was not a determining factor in the decision to prosecute is a complete…