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C. A. DELEO v. ROBERT W. MUNLEY (12/14/78)

SUPERIOR COURT OF PENNSYLVANIA


decided: December 14, 1978.

C. A. DELEO, M.D., APPELLANT,
v.
ROBERT W. MUNLEY, ESQ. AND JEROME L. COHEN, ESQ.

COUNSEL

Linda S. Lichtman, Harrisburg, for appellant.

David C. Smith, Philadelphia, for appellee, Munley.

Joseph L. Mullaney, Scranton, for appellee, Cohen.

Cercone, Hester and Hoffman, JJ.

Author: Per Curiam

[ 261 Pa. Super. Page 90]

OPINION

The court below dismissed appellant's complaint for failure to state a cause of action in malicious use of civil process

[ 261 Pa. Super. Page 91]

    because the complaint failed to allege that appellant was arrested or his property seized in defending appellee's medical malpractice suit brought against him. Appellant now contends that arrest of the person or seizure of his property is not an essential element in the tort of malicious use of civil process. This contention is without merit, as we have just recently decided otherwise in Garcia v. Wall & Ochs, Inc., 256 Pa. Super. 74, 389 A.2d 607 (1978).

Order affirmed.

19781214

© 1998 VersusLaw Inc.



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