Guinn v. Jack Gray Transport, Inc.

Citations: 557 So. 2d 1213; 1989 Ala. LEXIS 959; 1989 WL 161048Docket: 88-1117

Court: Supreme Court of Alabama; November 30, 1989; Alabama; State Supreme Court

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An appeal was taken by Floyd Guinn from a summary judgment in favor of Jack Gray Transport, Inc. in a malicious prosecution case. The court affirmed the judgment, outlining the necessary elements for Guinn to withstand Gray’s motion for summary judgment: (1) initiation of a judicial proceeding by Gray against Guinn; (2) absence of probable cause for the proceeding; (3) malicious intent in instituting the proceeding; (4) termination of the proceeding in favor of Guinn; and (5) damages suffered by Guinn due to the proceeding.

The court noted that Gray had previously filed a civil suit against Guinn for conversion related to a failure to deliver scrap metal. The critical consideration was whether probable cause existed for Gray to initiate the action. The court applied a standard to evaluate the lack of probable cause based on undisputed facts regarding Gray's actions at the time the suit was filed.

The undisputed facts included that Gray leased a truck from Guinn and directed Guinn's employee to deliver scrap metal, which was never delivered. Gray's claim rested on the oral agreement between the parties regarding what commodities could be hauled. While Guinn disputed the terms of their agreement, this did not create a genuine issue of material fact sufficient to defeat the summary judgment motion.

The court concluded that Gray had probable cause to file the suit against Guinn, leading to the dismissal of Guinn's malicious prosecution claim. The summary judgment by the trial court was affirmed, with Chief Justice Hornsby and Justices Maddox, Almon, and Steagall concurring.