Bosler v. Shuck

THOMAS, Chief Justice.

The primary problem presented by this case is the identification of the elements of the tort of abuse of process. Ancillary to this question in the disposition of the appeal are questions about the legal accuracy of the instruction which was given by the trial court setting forth the elements of the tort and the sufficiency of the evidence. Our study persuades us that the instruction given by the district court did not correctly set forth the elements of the tort of abuse of process. We cannot discern evidence in the record which would sustain a recovery for abuse of…