Barton and Robinett Granted Summary Judgment
A Mississippi Federal Court granted summary judgment on July 3, 2019, in favor of one of HAT’s retail grocery clients in a “bad check” case alleging malicious prosecution, false arrest, and an assortment of other alleged wrongful acts.
Two of HAT’s attorneys, Monte Barton and Claire Robinett, defended the client from allegations that the grocery store improperly filed a complaint with the District Attorney after receiving a bad check. Barton and Robinett successfully presented evidence to prove that the client followed Mississippi’s bad check collection statute, and that the local District Attorney’s prosecution of the case was proper after the grand jury returned an indictment. In due course, the plaintiff was arrested, arraigned, failed to appear at his trial, and was arrested a second time. The criminal matter was resolved when the plaintiff paid restitution.
However, the plaintiff still sued the grocery store, contending that it had made false statements which led to the plaintiff’s arrest. The plaintiff asserted many claims, including negligence per se, malicious prosecution, false imprisonment, false arrest, assault, abuse of process, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent supervision and gross negligence. The court found that the claims were without merit and dismissed the lawsuit with prejudice. To read the full opinion, click here.