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GARCIA v. WALL & OCHS, INC.

256 Pa.Super. 74 (1978)

389 A.2d 607

Theodore A. GARCIA, M.D., and Lydia Garcia, his wife, Appellants, v. WALL & OCHS, INC.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

William J. Brennan, King of Prussia, with him Butera & Detwiler, King of Prussia, for appellants.

Jane B. Porcelan, Philadelphia, with her Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

HOFFMAN, Judge:

Pennsylvania has long followed the "English rule" which requires a plaintiff to prove either an arrest of the person or seizure of property1 in order to state a cause of action for malicious use of civil process.2 In this appeal, appellants ask us to reconsider our adherence to this rule. We decline to do so3...

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