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.

Disclaimer: Case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.

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