Weststar Mortgage Corp. v. Jackson

{58} I respectfully dissent with regard to the majority’s holding that the issues of whether Weststar initiated or procured Jackson’s criminal prosecution and whether Weststar’s primary motive was to obtain the return of money through the criminal process were propei’ly submitted to the jury. Because I would reverse on these issues, I do not address the punitive damages issue.

{59} Court scrutiny of malicious abuse of process actions is more demanding than that required in garden variety tort actions. We should carefully adhere to the watchwords of our precedent. The tort of malicious abuse of…