CRUZ v. PRINCETON INS. CO.

No. 3191 EDA 2004, No. 3192 EDA 2004.

972 A.2d 14 (2009)

Jacqueline Nieves CRUZ and Oscar Cruz, Appellants v. PRINCETON INSURANCE COMPANY, Alan S. Gold, Esquire and Gold, Butkovitz & Robins, P.C., Appellees.

Superior Court of Pennsylvania.

Filed March 24, 2009.


Attorney(s) appearing for the Case

Anne E. Pedersen, Philadelphia, for appellants.

Jeffrey B. McCarron, Philadelphia, for Gold, appellees.

Jonathan Bart, Philadelphia, for Princeton, appellee.

BEFORE: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD, BENDER, BOWES, and PANELLA, JJ.


OPINION BY BENDER, J.:

¶ 1 This matter comes before us on remand from the Supreme Court of Pennsylvania for consideration of whether plaintiffs Jacqueline Nieves Cruz and Oscar Cruz (the Cruzes) adduced evidence sufficient to raise a question of material fact concerning the harm element of their claim for Abuse of Process. The Cruzes argue, and we conclude, that the evidence, both direct and circumstantial, does raise such a question. Accordingly, we reverse...

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