S.W.2d at 620. 10 . Id. 11 . Patterson, 172 S.W.3d at 363. 12 . Id. 13 . Id. at 372 (Graves, J., not sitting). 14 . Id. at 369. 15 . Id. 16 . W. Page Keeton, et al., Prosser and Keeton on the Law of Torts 505 (5th ed. 1984). 17 . Id. at 506. 18 . Patterson, 172 S.W.3d at 369 (citing William M. Landes & Richard A. Posner, The Economic Structure of Tort Law, 208-09 (1987)). 19 . Edwards v. Kentucky Utilities Co., 289 Ky. 375, 158 S.W.2d 935, 936 (1942). 20 . 3 Am Jur.2d Agency § 185 (2007). 21 .Id.; see also Restatement (Third) Of Agency § 4.06 (2006) ("A person is not bound by a ratification made without knowledge of material facts involved in the original act when the person was unaware of such lack of knowledge.”). 22 . See Broaddus v. Campbell, 911 S.W.2d 281, 283-84 (Ky.App.1995) (<HOLDING>). 23 . Kerl v. Dennis Rasmussen, Inc., 273
holding that indictment sufficiently informed defendant of the charge against him so as to enable him to prepare a defense and thus there is no claim that he was surprised at trial holding that a necessary element for malicious prosecution under virginia law is lack of probable cause holding that defendants admission in open court that there was probable cause for issuance of an indictment against him barred him from later bringing malicious prosecution action against his accuser holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution holding the same for malicious prosecution