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AYYILDIZ v. KIDD

Record No. 780505.

266 S.E.2d 108 (1980)

Vedii AYYILDIZ, M.D. v. Edward S. KIDD, Jr.

Supreme Court of Virginia.

April 18, 1980.

Attorney(s) appearing for the Case

S. D. Roberts Moore, Roanoke (Gentry, Locke, Rakes & Moore, Roanoke, on brief), for appellant.

William B. Poff, Roanoke (Woods, Rogers, Muse, Walker & Thornton, Roanoke, on brief), for appellee.

Before I'ANSON C. J., and CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

THOMPSON, Justice.

The plaintiff (Ayyildiz), a licensed physician, was sued unsuccessfully for malpractice by Grubb, one of his patients. The plaintiff then filed a motion for judgment against Grubb's counsel, Edward S. Kidd, Jr., a licensed attorney.

Count I of this motion, as amended, alleged that Kidd prosecuted the unsuccessful malpractice action without probable cause and with malice. Essentially, this is a "malicious prosecution" action against the attorney...

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