Summary Judgment Granted in Monongalia County
Erica M. Baumgras and Michael A. Secret successfully obtained summary judgment for a lawyer on a malicious prosecution claim in the Circuit Court of Monongalia County, West Virginia. The plaintiff alleged that our client caused a frivolous action to be filed against her in a prior case, that he pursued the case against her without reasonable or probable cause, that the case was dismissed in her favor, and that the conduct of the client was willful and malicious and designed to cause her harm. At a hearing on July 22, 2021, Judge Scott granted summary judgment in favor of our client, finding that the cause of action for malicious prosecution was barred by collateral estoppel and that the plaintiff could not meet the elements of the cause of action because the prior case was not resolved in her favor, the prior case was not filed without reasonable or probable cause, and the prior case was not malicious, as a matter of law.
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