without contradiction that his attorney alone made the decisions as to when and how to pursue discovery in Woodward's case. The discovery never actually occurred, at plaintiffs' request, until after the criminal case was dismissed. Sufficient evidence came out at trial regarding the peculiarities of Woodward's arrest which refute any finding of "perversion" in the filing of his suit. In Woodward's civil suit for false arrest, co-defendants with Yellow Bus settled the case for more than three thousand dollars ($ 3,000). This is further proof that there was no basis for a jury finding that Woodward's filing of his civil suit resulted in a perversion of the judicial process.
IV. Malicious Destruction of Property
To find malicious destruction of property, the jury had to find clear proof that: (1) it was defendants that destroyed the property; (2) it was not the property of the defendants; (3) defendants destroyed the property maliciously; and (4) the property destroyed had some value. Nichols v. United States, 343 A.2d 336, 341 (D.C. 1975).
The jury found that these elements had been met and so awarded to Yellow Bus $ 1,280 against Woodward and $ 1,920 against Local 639. During the four-day strike in November of 1981, there was sufficient evidence to find defendant Woodward liable for damages sustained during that four-day period. There was circumstantial evidence linking Woodward to the various items introduced into evidence, such as rocks, strips of wood and a curtain rod both with nails protruding, and a beer can with nails in it. These items of physical evidence coupled with the threats by Woodward and other strikers made in Woodward's presence provide a sufficient evidentiary basis for the jury to hold Woodward responsible for the damages sustained during the period of the four-day strike. The plaintiffs failed, however, to provide clear proof that Local 639 was implicated in any way in the destruction of the property or that it ratified Woodward's actions in any manner. Therefore, the judgment against Local 639 must be set aside. Defendant Woodward's motion to set aside the verdict against Woodward on the count will be denied.
Judgment will be entered in accordance with the foregoing.
After consideration of defendants' motion for judgment notwithstanding the verdict, or alternatively, for modification of the judgment or for a new trial, the opposition thereto, and the entire record herein, it is, by the court, this 16th day of January, 1986,
ORDERED, ADJUDGED, and DECREED that the motion for judgment notwithstanding the verdict is granted with regard to defendant Drivers, Chauffeurs & Helpers Local Union 639 and judgment is entered in favor of defendant Drivers, Chauffeurs & Helpers Local Union 639 on all counts; and it is further
ORDERED, ADJUDGED, and DECREED that the motion for judgment notwithstanding the verdict is granted with regard to defendant James Woodward on the counts of tortious interference with contractual relations and abuse of process, and judgment is entered in favor of James Woodward on those counts; and it is further
ORDERED, ADJUDGED, and DECREED that the motion for judgment notwithstanding the verdict is denied with regard to defendant James Woodward on the count of malicious destruction of property, as is defendants' alternative motion for modification of the judgment or for a new trial; and it is further
ORDERED, ADJUDGED and DECREED that judgment be entered in favor of Yellow Bus Lines, Inc. against James Woodward in the amount of $ 1,280.00.
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