John E. Wallace, Toto v. Ensuar — Opinion of the Court (2008)
“ Thus, if the jury finds that the public employee in a false arrest/false imprisonment claim committed willful misconduct, the plaintiff is entitled to recover damages without regard to the limitations of the verbal threshold. Here, it was error to require plaintiff to vault the verbal threshold in the face of a jury finding that Ensuar's actions constituted willful misconduct. A new trial is necessary for the sole purpose of procuring a jury determination on the issue of proximate cause and damages as to Ensuar; there is no need for a jury to decide the willful misconduct issue anew. ”
