• 2008 - Measure of Damages [False Imprisonment] [Malicious Prosecution]
  • C-70.62
    • Damages
    • Damages
    • Exemplary Damages
    • False Imprisonment
    • Malicious Prosecution
  • In arriving at the amount of your verdict for damages suffered by the Plaintiff and arising from [false imprisonment] [malicious prosecution], you may consider each of the following items of detriment which you find proximately caused from the wrongdoing: 1) Expenses incurred by the Plaintiff for defense in the [criminal prosecution] [civil action or proceeding] including reasonable attorney's fees; 2) Loss of productive time; 3) Deprivation of liberty; 4) Pain and suffering of body or mind, personal mortification, wounded feelings, humiliation, degradation, disgrace, embarrassment, wounded pride, loss of society of friends or relatives, and injury to Plaintiff's reputation now and reasonably certain to be suffered in the future. In this respect, you should consider all of the relevant circumstances, including the sex, age, sensitivity of the Plaintiff, and the intensity and duration of the emotional distress produced; [and] 5) Other items or detriment having a pecuniary value.
    • Merchant v. Pielke, 84 NW 574, 576 (ND 1900)(malicious prosecution)
    • Stoner v. Nash Finch, Inc., 446 NW2d 747, 753 (ND 1989) (tort of abuse of process does not require specific proof of intangible damages)
  • Notes: Elements of damage that are not pertinent in a given case should be omitted.