Causes of Action: Abuse of Process

From Gorman v. Stites & Harbison, NPO, COA, 4/29/201

Finally, Gorman’s claim of abuse of process was also properly dismissed.
Generally stated, one who uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which that process is not designed, is subject to liability to the other for harm caused by the abuse of process. There is no liability where the defendant (usually a plaintiff in the underlying action) has done nothing more than carry out the process to its authorized conclusion. (Citations omitted). Sprint Communications Co., L.P. v. Leggett, 307 S.W.3d 109, 113 (Ky. 2010). Here, Stites & Harbison had probable cause to bring suit against Gorman. It cannot therefore be said that the judicial process was wrongfully used.

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