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Dill v. Kroger Limited Partnership

Court: Supreme Court of Virginia

Docket: 200823

Opinion Date: July 8, 2021

Judge: S. Bernard Goodwyn

Areas of Law: Personal Injury

The Supreme Court reversed in part the judgment of the circuit court granting Defendants’ motion to strike as to all of Plaintiff’s claims, holding that the circuit court erred in granting Defendants’ motion to strike Plaintiff’s malicious prosecution claim.

Plaintiff was prosecuted for shoplifting at a Kroger supermarket, but the case was dismissed when it became clear that Plaintiff had been misidentified. Plaintiff filed a complaint against Kroger and one of its managers (collectively, Defendants) asserting claims of malicious prosecution, false imprisonment, intentional infliction of emotional distress, and defamation. The circuit court granted Defendants’ motions to strike as to all of Plaintiff’s claims. The Supreme Court reversed in part, holding (1) the circuit court erred in granting Defendants’ motion to strike Plaintiff’s malicious prosecution claim because it ignored evidence that was favorable to Plaintiff; and (2) the circuit court did not err in granting Defendants’ motion to strike Plaintiff’s remaining claims.

This case law update is brought to you by Freeway Law auto accident and personal injury law attorneys. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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