HART v. O'MALLEY


544 Pa. 315 (1996)

676 A.2d 222

David L. HART and Ann B. Hart, Appellees, v. Elizabeth O'MALLEY, Appellant, and Charles Aliano, Appellee.

Supreme Court of Pennsylvania.

Decided May 22, 1996.


Attorney(s) appearing for the Case

Frank T. Blasi, Scranton, for O'Malley.

Patrick C. Carey, Scranton, for Aliano.

Charles M. Watkins, Hamburg, for Hart.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY and CASTILLE, JJ.


OPINION

ZAPPALA, Justice.

The question in this appeal is whether Appellees David and Ann Hart may maintain an action for wrongful use of civil proceedings, 42 Pa.C.S. § 8351, against the Appellant, Elizabeth O'Malley, even though they were not named as defendants in the underlying action that they allege was wrongfully brought. Under the facts of this case, we hold that the Harts have stated a cause of action, and therefore affirm the order of...

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