Torts – malicious prosecution, probably cause for original medical malpractice claim: D’Angelo v. Mussler (COA 5/29/2009)

D'Angelo v. Mussler
2008-CA-001003 05/29/2009 2009 WL 1491390

Opinion by Judge Moore; Judge Dixon and Senior Judge Knopf concurred.

The Court affirmed a summary judgment of the circuit court in favor of the appellee attorney on appellant’s claim alleging wrongful use of civil proceedings. The Court held that the trial court properly found that appellee did not lack probable cause for the basis of a medical malpractice claim against appellant, although it was later voluntarily dismissed with prejudice.