Budd v. Walker

No. 122,446 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DONALD E. BUDD JR., Appellee, v. H. REED WALKER and REED WALKER, PA, Appellants. SYLLABUS BY THE COURT 1. Kansas law recognizes malicious prosecution as an independent tort. Generally, malicious prosecution claims are disfavored because they tend to discourage individuals from seeking redress in the courts. To guard against such claims, the elements of malicious prosecution are to be strictly construed to keep the cause of action from being wielded by wrongdoers as a threat to ward off legitimate suits. 2. To successfully litigate a…