5-5-09 Brunson v. Affinity Federal Credit Union
(A-60-08)
Because Bunson’s arrest and detention were based on probable
cause, his claim for malicious prosecution was properly
dismissed by the trial court. In the circumstances presented,
New Jersey does not recognize a cause of action for negligent
investigation as a surrogate for a malicious prosecution claim.
When confronted with a plaintiff who fails to appear as a
witness, trial courts must first explore less drastic remedies
before invoking the ultimate sanction of dismissal.
