Tort of Malicious Prosecution

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WI Court of Appeals – District I

Case Name: Diane Kundinger v. Samuel P. Stair

Case No.: 2022AP000402

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Tort of Malicious Prosecution

Kundinger filed a civil action against Stair alleging one count of the intentional tort of malicious prosecution. Stair employed Kundinger from February 2013 through October 2015 at his various business operations, including S2 Real Estate. The complaint alleged that after Kundinger left S2’s employment, she noticed that her final paycheck was “missing significant compensation.”

Kundinger appeals from the circuit court order granting judgment in favor of Stair in her civil action alleging malicious prosecution. Kundinger argues that the circuit court erred when it granted summary judgment because genuine issues of material fact exist. The appeals court agrees that there are material facts related to Kundinger’s claim that must be determined.

Reversed and Remanded.

Decided 06/20/23

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