Cantafio v. Schnelle.

2025 CO 39. No. 24SC204. Malicious Prosecution—Probable Cause—Summary Judgment—Directed Verdict.

June 16, 2025

The supreme court granted certiorari to answer whether a court’s denial of a summary judgment or directed verdict motion in a prior civil case raises a rebuttable presumption that there was probable cause to bring the original claim in a subsequent malicious prosecution action.

The court concluded that, while the denial of either motion in a prior civil case is a factor that a district court may consider in ruling on a motion to dismiss in a subsequent malicious prosecution case, the prior denial of a summary judgment or directed verdict motion does not create a rebuttable presumption of probable cause. Here, the trial court’s orders denying summary judgment and directed verdict motions in a prior professional negligence case did not create a rebuttable presumption that the defendants in a subsequent malicious prosecution case had probable cause to bring the professional negligence claim. Accordingly, the court affirmed the court of appeals’ judgment.