Papa John’s International, Inc. v. McCoy
Kentucky Supreme Court
244 S.W.3d 44 (2008)
Gary McCoy (plaintiff) sued Papa John’s International, Inc. (Papa John’s) and RWT, Inc. (RWT) (defendants) for malicious prosecution and defamation. RWT was a franchisee of Papa John’s doing business under the name Papa John’s Pizza. McCoy ordered pizza, and RWT driver Wendell Burke delivered them. McCoy claimed that Burke would not leave. Burke alleged that McCoy asked him to stay and began discussing thoughts of suicide and homicide while drinking alcohol. Burke claimed McCoy picked up a rifle when Burke tried to leave. When Burke returned to Papa John’s about two hours later, a supervisor called police about McCoy’s behavior over Burke’s objections. McCoy was arrested for unlawful imprisonment, and the story was published in the newspaper. McCoy’s motion to dismiss was granted, and the charges were dropped with prejudice. McCoy sued RWT and Papa Johns. The circuit court entered an order of summary judgment for RWT and Papa Johns. The Court of Appeals reversed on the ground that summary judgment was inappropriate because there were genuine issues of material fact. The defendants appealed to the Kentucky Supreme Court.
Rule of Law
Holding and Reasoning (Minton, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.